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The Case Of Samuel V. Morgan

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This memorandum is written in response to your September 1, 2015 request for information regarding the case of Samuel V. Morgan. The analysis will show that Samuel is liable to pay the fine. Robert is a senior weight lifter and member of the Alpha Chapter, Beta Phi Gamma Fraternity, Inc. at Howard University. Although he is strong, he is extremely slow moving which forces him to limit himself to fighting with people who are considerably smaller than he. This causes Robert to be characterized as a bully. Morgan is a Carver Hall Resident Assistant at Howard University who is interested in joining the Alpha Chapter, Beta Phi Gamma Fraternity, Inc. He is un-athletic and small, weighing one hundred and fifteen pounds. Samuel is a wrestler at Howard …show more content…

This means the action is done on purpose, without permission, and there is no relationship between the two that allows one party the ability to physically touch the other. The facts reveal that Morgan turned completely around, aimed and drew his gun, and fired which means that he intended on shooting the victim. The facts do not show any evidence that Samuel agreed to be shot, which proves there was no consent from Samuel allowing Morgan to complete his action. Even though there was a relationship between Morgan and Robert, the intentional victim, they did not have a relationship that would make it acceptable for Morgan to shoot Robert. Furthermore, Morgan and Samuel did not have a relationship at all, which automatically makes the shooting of Samuel unprivileged. Hence, the harmful offensive touching is intentional, unconsented, and …show more content…

This means a person can engage in battery while physically protecting themselves, their family, or property from harm as long as they do not use any more force than necessary to prevent an assailant from harming him or her. It could be argued that Morgan acted in self-defense to what he thought was a danger to himself as a result of Robert’s threat from three nights before and the size of the threatening figure approaching him. However, at a distance of thirty yards behind him, it was difficult for him to confirm that the figure was Robert. Also, there is no proof that Samuel offered a verbal or physical threat to Morgan during the night of the shooting; therefore, Morgan did not need to defend himself against Samuel, or the huge figure. Since Samuel, or the huge figure, did not require Morgan to defend himself, the used of a gun as prevention from harm was more than

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