ASSIGNMENT | Assault and Battery

Read the cases:
State v. Bolarinho, 850 A.2d 907 (R.I. 2004) and State v. Flemming, 19 S.W.3d 195 (Tenn. 2000).
Use your analysis of these cases to inform you in your discussion of the following questions:

Primary Task Response:
Write a response to the following questions with your thoughts, ideas, and comments. 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.
Can a person\’s hands, fists, or feet be considered dangerous weapons? Why or why not?
Would the use of hands, fists, or feet be considered mitigating or aggravating factors with regard to assault or battery? Explain.
What do you think makes an object a dangerous weapon? Explain.
What case law could you use to support your arguments? Identify and describe your examples.
Why do you think these cases are relevant to the discussion?

SAMPLE SOLUTION

Assault and Battery
Assault and battery exist in the context of tort law and the criminal law context. Battery is a physical act in criminal law resulting in offensive or harmful contact with another person without the consent of the other person. In tort law, battery involves the intentional causation of offensive or harmful contact with another person without their consent (Justia, n.d.). Contact is not entirely necessary for an offense involving assault,…