Unit 2 DB – Assault and Battery This assignment consists of three parts. All three parts of the paper must be completed in order to receive full credit. Part 1 – Read and discuss the Bolarinho and Fleming cases. Both cases are located in the Learning Materials for the Unit 2 DB. Part 2 – Provide complete answers to the Primary Task Response questions Part 3 – Provide a minimum of two (2) comments. Part 1 – Read the cases of State v. Bolarinho, 850 A.2d 907 (R.I. 2004) and State v. Fleming, 19 S.W.3d 195 (Tenn. 2000). Use your analysis of these cases to inform you in your discussion of the following questions: You must read and analyze both the Bolarinho and Fleming cases in order to receive full credit. To properly analyze the case you must complete the following: Discuss each case separately and address the following: 1. Identify the state where the case is and the defendant. (For the Bolarinho case the state is Rhode Island and the defendant is Bolarinho. With the Fleming case the state is Tennessee and the defendant is Fleming.) 2. Identify the crime the defendant is charged with. 3. Discuss the facts of the case. 4. Explain why the court determined hands and fists either are or are not weapons. Part 2 Primary Task Response: Within the Discussion Board area, write 400–600 words that respond to the following questions with your thoughts, ideas, and comments. This will be the foundation for future discussions by your classmates. Be substantive and clear, and use examples to reinforce your ideas: Assuming that an assault does not involve physical contact, and battery does in this jurisdiction, in your own words, define the crimes of assault and battery. Provide a complete definition for the crime of assault and the crime of battery. o Can a person’s hands, fists, or feet be considered dangerous weapons? Why or why not? Provide the answer in your own words and refer back to the Bolarinho and Fleming cases to support your answer. o Would the use of hands, fists, or feet be considered mitigating or aggravating factors with regard to assault or battery? Explain. Define mitigating circumstances and aggravating circumstances. Then answer the question in your own words. Provide support for your answer. What do you think makes an object a dangerous weapon? Explain. Provide an example for your answer. What case law could you use to support your arguments? Identify and describe your examples. Discuss Bolarinho, Fleming or another other case. If you discuss another case, you must include the facts, issue, and court determination. o Why do you think these cases are relevant to the discussion? Explain your answer.
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