Law-Legal Briefs

Paper Summary:

This paper reviews Articles 35 and 20 of New York's Penal Law. The paper applies these two articles to the case of Popye and Olive Oyl. According to the paper, Popye tries to defend Olive Oyl's honor by trying to beat up Bluto, who gets the upper hand. The paper goes on to say that Olive Oyl then kills Bluto in order to save Popye's life.
With this in mind, this paper will answer various related questions in an effort to better understand these laws and how they apply in theoretical, and actual cases.

Outline:
Abstract/Scenario
Olive's Most Serious Crimes from the Viewpoint of a Juror
Availability of Justification Defense Under Article 35 of New York Penal Law
Implications Under Article 20 of New York Penal Law
Legal Precedence
Summary

From the Paper:

"Preceding all of the actions that began with Popeye and Bluto's physical fight and climaxing in the death of Bluto at the hands of Olive, under Code 20, lies the Duty of Retreat, which holds that when there was a possibility for a verbal argument to escalate into physical fight, Popeye had the obligation to remove himself from the situation, as did Olive. When neither elected to do so, however, there was a violation of the New York Penal Code, leading to the consideration of their guilt or innocence."

Sample of Sources Used:

• State Of New York , Penal Articles 20 and 35. Penal Code of New York State.
• Fletcher, G. P. (1998). Basic Concepts of Criminal Law. New York: Oxford University Press.

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