criminal law
1- write as simple as you can.
2-What is most important in these assignments is grasping the legal principles and supporting your position with the case law cited in the notes.
3-the notes will be attached, to relay on when citing information.
4-And remember- you must reference the cases in notes if there is any and cite them. If my answers do not cite any cases, i will automatically lose 10 points.
question:
Read carefully and then provide a decision in the following hypothetical case. Make sure you provide a thorough discussion of the legal principles involved, and the case law upon which you are relying to support your decision.
. Gentry was the owner of a farm over which the Tennessee Valley Authority (TVA) and its employees had a right of way. Gentry became very upset and irritated whenever the TVA employees exercised their right to walk or drive through his farm which some of them did on a daily basis in order to get to and from work. Gentry repeatedly complained to TVA about what he considered to be the unauthorized use of his property by its employees and even took the matter to civil court where his case was promptly dismissed. Upon leaving the courthouse, Gentry angrily stated his intentions to kill any TVA employees who came on his property.
Approximately four weeks after Gentry lost his court case he called 911 to complain that TVA employees were making noises as they passed through his farm. The next day, while in the farm he observed a TVA vehicle enter his land and returned to his residence, armed himself and stood waiting near the barn for its arrival. He called a friend on his cell phone stating “he did not know what he would do if TVA trespassed on his land today.”
Brewster, who was driving the TVA vehicle soon approached the barn and Gentry stepped out into the driveway causing Brewster to bring the vehicle to a halt. Brewster put his head out of the driver’s window and attempted to talk to Gentry but the latter put his rifle within 3 or 4 inches of Brewster’s face and told him to use the road and stay off his property. When Brewster attempted to push the barrel aside, Gentry immediately fired several shots. Brewster was shot five times and died from gunshot wounds to the head and chest.
At his trial, Gentry’s mother testified that her son had been continuously tormented by the TVA employees who insisted on trespassing on his property although he had warned them not to do so on several occasions.
Gentry was convicted of first-degree murder and appeals claiming that the evidence did not establish that he meant to cause the death of the victim. He also alleged that the trial judge erred and misdirected himself when he refused to provide the jury with an instruction for the lesser-included offense of manslaughter.
Provide a decision in this appeal based on general provisions of state murder statutes.
Would your decision be different under the relevant provisions of the Model Penal Code?