Was the trial court judge correct in his instruction

Assignment Help Management Theories

Reference no: EM131378608

Cuttiford and Banks lived in the same duplex; Banks lived upstairs and Cuttiford lived down stairs. The two apartments shared a common internal stairway at the back of the duplex. A confrontation began between Banks and Cuttiford in the rear stairway of the duplex. Banks became rather violent and threatened Cuttiford and Cuttiford's wife. Cuttiford went to his apartment on the bottom floor and retrieved two guns from his bedroom.

When he returned to the back door near the stairway, Banks told him, "You don't have the guts to use that, because you're going to have to use it because I'm going to kill you!" Banks then came at Cuttiford, lunging from the common stairway into the kitchen of the Cuttiford's apartment. Cuttiford then shot and killed Banks. At trial, Cuttiford argued that he shot Banks in self-defense. The trial court refused to instruct the jury that Cuttiford did not have to retreat into his own home before acting to repel an attacker.

The court apparently believed the prosecution, which had argued that because Banks and Cuttiford occupied the same duplex, Cuttiford had the duty to retreat before repelling Banks's attack. Was the trial court judge correct in his instruction to the jury regarding selfdefense? Explain.

State v. Cuttiford, 639 N.E.2d 472 (OH).

Reference no: EM131378608

Questions Cloud

How social media impacts your nonprofit : How social media impacts your nonprofit? Individuals or groups you are serving, volunteers, donors, general public, local community, government, foundations, board members, etc.

Has reese committed burglary or robbery or larceny : Reese then locked the employees in a cooler and fled the scene with over $5,000. Has Reese committed burglary, robbery, or larceny? Explain.

Compare european feudalism to japanese feudalism : Feudalism emerged in Europe and feudal-like systems existed in Africa and Asia. What is it? How did it emerge in Europe and what are its basic features? Compare European feudalism to Japanese feudalism

Uses both capital and labor to produce your output : You run a small business that uses both capital and labor to produce your output. The machinery (capital) has a marginal cost equal to $25 per hour and a marginal product equal to 50 units per hour. The marginal cost and marginal product of capital a..

Was the trial court judge correct in his instruction : Cuttiford and Banks lived in the same duplex; Banks lived upstairs and Cuttiford lived down stairs.- Was the trial court judge correct in his instruction to the jury regarding selfdefense? Explain.

The government adopted capital budgeting : On April 1, 1996, Taco Bell, the fast-food chain, ran a full-page ad in the New York Times with this news: "In an effort to help the national debt, Taco Bell is pleased to announce that we have agreed to purchase the Liberty Bell, one of our country'..

Will busbys entrapment defense succeed on appeal : He appealed this conviction, claiming that he had been entrapped by Cowen. Will Busby's entrapment defense succeed on appeal? Explain.

Undergone significant economic slowdown : In the last 6 months the European Union has undergone a significant economic slowdown with corresponding declines in both output and income (assume the exchange rate remains constant). Draw a money market graph to show how your change in part a infl..

Analyze case which is related to leadership communication : For this assignment, analyze the following case, which is related to leadership communication. What communication strategies are associated with effective leadership? What does Williams need to differently to communicate effectively as a leader?

User Account

All Pages