People vs young assessment 3 of the intent in a

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People vs Young Assessment 3 of the intent in a particular act depend on the knowledge or belief of the actor at the time (New York Court of Appeal, 1962). The cases between People v. Maine (166 N.Y. 50), adds a different perspective to the same issue. The defender observed his brother fighting on the street with two other men. He intervened and stabbed to death one of the latter. According to the New York penal law, one who kills in defense of another and proffers this defense of justification is to be judged according to the circumstances as they appear to him (New York Court of Appeal, 1962). The question is about what the defendant believed and what he had a right to believe. Basing my assessment on these varied opinions and viewpoints, all the jurisdictions agree unanimously that liability to crime is determined by a specific intent to commit the said crime. However, since the society values law and order, it is essential that this policy is exercised with some limitations or people will likely take advantage of it to cause a disorder. The law is clear that a person can come to the defense of another when there is reasonable, though mistaken ground that the assaulter is about to commit a felony on the victim. The innocence or the criminal of a third party who intervene to protect should be based on the severity of the act that the aggressor is about to commit against the victim. If the assaulter is about to cause a severe injury to the victim and a third party intervenes to protect them it does not matter the harm caused by the defendant, he/she is not guilty of any crime. However, a person should be liable for a third-degree assault if the act was a minor one and he/she had the chance to inquire before intervening. This will strike a balance between the two conflicting opinions on this issue. The right of a person to intervene as a third party will, therefore, be limited in some instances where the act about to be committed is minor, For example, a peaceful arrest being by a police officer.
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People vs Young Assessment 4 References New York Court of Appeal, 1962. Punishment and Responsibility. New York.
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