Introduction to Law - Essay Example

Law 04 June 2009 Violent assault on Campus The law of the land has been broken because of a specific action. The appropriateadjudication is generally based on the specific legal code of that particular jurisdiction. The general rule is the application of the specific laws passed by the legislature. The law is then applied by the justice system through a court trial process. In cases where there is no specific law as stated by the legislature, then general law is applied. This branch of law is called Common Law (CL).

There is also another branch of law. This is Federal law (FL). Such law supersedes the laws of the legislature.This case is decided using State legislature law. The official statutes are found in the Revised Code of Washington (RCW).This is the official title of relevant law for this case.Crime 1 – (RWC 9A.36.001) Assault in the First Degree (Dave). He used the BB gun against Patty. The proof is the bullet entering her book bag. She then fleeing for safety. Her action is to avoid sure personal injury.

Crime 2 – (RCW 9A.40.020) Kidnapping in the First Degree (Dave). He blocks exit way. She gives up her ring under fear of injury. She still has no way to escape.Crime 3 (RCW PA.36.021) Assault in the Second Degree (Patty). She strikes him. He falls to the floor. He is temporarily incapacitated. She is now able to flee and get help.Defense (RCW 9A.12.010) Insanity (Dave). He says the state of mind made it impossible to understand right from wrong actions. There would need to be a preponderance of evidence.

This defense will not stand. Dave will be found guilty on both charges. Defense 2 (RCW 9A.16.110) Defending Against Violent Crime (Patty) The claim is the fear of imminent danger. Patty used no more force than was necessary in the circumstances. This defense will stand. The charge will be dismissed. Counter arguments – There is little room for any credible counters. The persons are clearly identified. The ownership of the ring can be clearly established. The circumstances surrounding the acquisition of the ring are clear.

It is clear who committed the initial crimes. There is evidence that the bag was damaged. Further, it should be possible to confirm Dave’s fingerprints on the gun. The security authorities were able to apprehend him immediately. Presumably with the weapon and the bruises. The bruises were necessary for the escape. It should be possible to trace his DNA on the bag and traces of the bag material on the bruised area.Works CitedWashington State Legislature “Revised Code of Washington”October 1, 2008.

June 4, 2009