CB People v. Young - greater than such person’s right to...

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People v. Young 183 N.E.2d 319 (NY 1962) Fact: Procedural Facts: Operative Facts: The defendant saw two people fighting. It was an police officer in civilian dress attempting to lawfully arrest a third person. The defendant then stepped in to stop the assault (he did not know it was a police officer). He thought that he was just preventing more violence. Issue: Broad Question: Narrow Question: Can people claim self defense of others? Rule: The charge of 3 rd degree assault is when the defendant voluntarily intends to commit the unlawful act of touching. Rational: The courts believe that the right of a person to defend another ordinarily should not be
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Unformatted text preview: greater than such person’s right to defend himself. Although the person was mistaken in fact, he still assaulted a 3 rd party. Holding: No, apparently people can’t claim a self defense of others because it turns into a 3 rd degree assault. Synthesis: Dissent/Concurrences: Judge Froessel dissent He does not like the idea that people can kill and claim self-defense, but if a simple assault under similar circumstances, with mistaken belief, no matter how reasonable, it is no defense....
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This note was uploaded on 10/18/2011 for the course CRIM LAW 110 taught by Professor Wade during the Spring '11 term at California Western School of Law.

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