PLST 230 DB Forum 1.docx - On May 5 Mark and Sam who had...

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On May 5, Mark and Sam, who had been neighbors for three years, argued over Sam’s construction of a ditch, which diverted water onto Mark’s property. Mark told Sam to stop construction of the ditch or he “would pay with his life.” The following day, Mark and Sam met again in Sam’s garage. Within minutes Mark became very angry and cut Sam’s leg with an ax he found in Sam’s garage. After cutting Sam he panicked and ran home. Sam attempted to reach a telephone to call for help, but the cut proved fatal. Mark has been charged with first-degree murder. He claims that he had no intent to kill Sam; rather, he only intended to hit him on the leg with the dull, flat side of the axe in an effort to scare Sam.Discuss the facts and explain what crimes could be proved and why. Facts:Mark and Same are neighbors for three years.On May 5ththey argue over Sam’s construction of a ditch.The ditch diverted water on to Mark’s property.oPossible charge Sam: Provocation-an act by one person that triggers a reaction of rage in a second person. Provocation may reduce the severity of a crime. Daniel E. Hall, Criminal Law and Procedure(7thEd. 2014).Mark told Sam to stop construction or he “would pay with his life”.oPossible charge Mark: Assault-an intentional threat, show of force, or movement that could reasonably make a person feel in danger of physical attack or harmful physical contact. Id.

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