Law2599 Criminal Law | The Assessment Answers
Case brief People v Armitage, 194 Cal.App.3d 405.
1. Write about the Facts.
2. What is the issue in this case.
3. Explain holding.
4.Write about the Rationality.
Answer:
Facts
In People v Armitage, 194 Cal.App.3d 405 case, Armitage (the defendant) was convicted for the death of his friend Peter Maskovich when he was recklessly operating a boat while he was intoxicated. Armitage and Peter were drinking, and then they went to the boat where Armitage started to operate the boat at high speed. He was zig-zagging with the boat until it capsized. Peter abandoned the boat and died while attempting to swim to shore (Signorelli 75).
Issue
Whether Armitage can be held liable for Peter’s death when it was Peter who decided to swim to the shore and died due to the natural and continuous sequence of circumstances?
Holding
The court rejected the appeal made by Armitage that Peter died because of his decision to jump out the boat and swim to the shore. The court upheld the conviction by holding him liable for the death of Peter Maskovich (People).
Rationality
Under the criminal law, the victim’s predictable attempts to avoid damage is created because of the defendant are considered as a valid cause of death. In this case, Armitage placed the intoxicated victim in the boat in the middle of the river early morning and started operating the boat in an unsafe and reckless manner. Due to this misconduct, Peter was panicked, and he tried to swim to the shore due to which he died, therefore, Armitage was held liable by the court for the death of Peter (Signorelli 75).
References
Signorelli, Walter. Criminal Law, Procedure, and Evidence.
Signorelli, Walter. Criminal Law, Procedure, and Evidence. 1st ed., CRC Press, 2011, p.75.
People v. Armitage (1987). Justia US Law, n.d. Web. 16 Oct. 2018, < Justia US Law, n.d. Web. 16 Oct. 2018.Buy Law2599 Criminal Law | The Assessment Answers Online
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