1. New York Penal Code. In order to prove a case of bur

Added on - 16 Sep 2019

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1.New York Penal CodeIn order to prove a case of burglary, Section 140 of the New York Penal code, prescribes twoelements, namely: a) unlawful entry or trespass and (b) specific intent to commit crime.1In thepresent case while there has been a case of trespass; there was lack of intent to commit a crime.The circumstantial evidence such as absence of any weapons carried, harsh weather furthercorroborates the intent of the defendant.In his defense, the client can rely onPeople v Gaines, 74 N.Y. 2d 358 (1989), where the courtheld that “intent to commit a crime is required”. Since there was nomens reaor possession ofany harmful weapons will serve as a good defense by itself. Secondly, he knew very well that thehouse was vacant as it was listed for sale and hence there was no one dwelling within thepremises.2.Universal Military Training and Service ActThe rights regarding Conscientious objections are provided both under Article 18 of theUniversal Declaration on Human rights2as well as under S 6(j) of the Universal MilitaryTraining and Service Act. The rule exempts a person from combatant service in the armed forceswho are conscientiously opposed to participation in the war by the reason of their “religiousbeliefs and training”. In the case of United States v. Seeger, 380 U.S. 163 (1965) the court , it hasbeen held that where the objection was made in good faith and his conscientious objection isbased upon individual training and belief, such exemption may be granted3.Hence, the client in this case can take immunity under the above mentioned 6(j) provision of theAct, which gives exemption to religious objectors, not essentially with political, sociological orphilosophical views.3.Parental Privilege under LawCorporal punishment has largely been accepted as parental privilege and has been expresslyincorporated in the New York statute under New York Penal Code` 35.10(1) (2000). However,excessive punishment on their children may lead to prosecution for crimes such as assault, childabuse etc. Hence, primarily, there is a need to address the fact that spanking is “reasonable andappropriate physical force”4, without there being any substantial harm caused to the person. Incase the father is charged for the said action of spanking, he should assert a defense of parental1(Snape, 110, 2015)2(Jennifer Carr,L.J. 183 (2014).3United States v. Seeger380 U.S. 163(Uni.Sta.Ct.App. 19654Johnson, U. III.L.Rev
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