Who is simply blaming the victim for his misfortune

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Assignment:

Brendon Hernandez lives in a poor part of town. One evening, he enters a convenience store located in his neighborhood. He wanders around the store aimlessly until the other customer in the store leaves. Since entering the store, Hernandez has kept his right hand in his jacket pocket. As he approaches the cashier, he looks nervously around the store, keeping his hand in his pocket. The cashier believes that Hernandez is going to rob him based on his behavior. Because the cashier has been robbed before, he decides to fight back. Grabbing a can of pepper spray, he sprays Hernandez directly in the eyes, causing him to fall and severely injure himself. After a full recovery, Hernandez sues both the cashier and the store in civil court.

You are the prosecutor in the Hernandez case. You do not believe that Hernandez should be awarded a settlement, let alone a large one. However, you have to be very careful how you present your arguments to the jury. How do you get the jury to understand that Hernandez caused his own victimization without sounding like a heartless prosecutor who is simply "blaming the victim" for his misfortune?

Reference no: EM133426332

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