Reading and Writing Assignment

Read Chapter 3 Read the following two articles: Retreat Does Not Equal Surrender: Defensive Deadly Force in Dwellings After People v. Aiken (Length: 22 pp.): &context=lawreview The Subway Vigilante, Columbia Magazine: 3) Read New York Penal Law “Title C Defenses,” Articles 25, 30, 35 and 40, which covers Sections 25.00 to 40.15. See the links to these Articles: Article 25 Defenses in General ( ) Article 30 Defense of infancy ( ) Article 35 Defense of Justification ( ) Article 40 Other Defenses Involving Lack of Culpability ( ) 4) Complete the below exercise and submit your written responses by the due date. ———————————- Exercise Read the following two scenarios and answer the question included with each. At a concert at Carnegie Hall in Manhattan, a frail and elderly 5-foot-1 inch woman is repeatedly hitting and poking a 6-foot-3-inch, 250-pound college wrestler, Jack (good friends call him Big Jack), with a wooden broomstick. Jack is backed into a corner and cannot escape without going past the woman, who is furious with Jack about insulting remarks he made about her floral hat, and for which he refused to apologize. Under New Yorks law of justification (PL 35.15), and considering his size/strength advantage, what level of force, if any at all, can Jack use to defend himself against the woman? Give a detailed answer, citing the Penal Law (100-word limit). On a Saturday night, on the sidewalk outside of a local bar in Downtown Brooklyn, Andrew starts a fight with James after both had been arguing about politics inside (they were arguing about the last presidential election). Andrew is punching James in the face at will because James is so drunk that he can barely see straight or raise his arms in defense to block Andrews punches. Buck, a former U.S. Marine who is a passenger in a car that is stopped at a red light in front of the bar, sees what is happening and jumps out to help James. He tells his girlfriend Cheryl, who is driving, Ill be right back. Buck approaches Andrew, pushes him hard against the brick wall of the bar and says, Get lost. Andrews eyes widened in terror, and he ran off without saying a word. Under New Yorks law of justification (PL 35.15), and considering that Buck did not know James at all, were Bucks actions lawful? Give a detailed answer citing the Penal Law (100-word limit).