Sample Law Essay Paper on Issue Presented

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Issue Presented

Woody Woodprickeris charged among other offenses, causing disturbance to the neighbors while playing his guitar in the wee hours of the night. Woody lives in a residential area with a high population and the housing units tend to be close to each other. In his private time during the wee hours of the night, he plays his guitar, a tendency that he has perfected for a long time. Among the aspects to be critically considered in the memo is the possibility that action by Woody Woodpricker amounts of disturbance of peace for his neighbors. This will involve considering all the legal rights of Woody within his environment besides those of his neighbors. Apart from exploiting his rights to expression that is guaranteed, it will be legally proven that Woody should not in any way infringe on the rights of other persons by his late night guitar performance. According to legal standings of different nations, causing a breach of the peace occurs when an individual engages in conduct that is consideredinconveniencing and disorderly, among them, making loud noise and disturbing the peace of the neighbors. Another aspect that will be critical in the memo would be the possible charges and other legal actions on the actions by Woody.

Brief Answer

Causing disturbance to peace normally amounts to a criminal offense and often dealt with through criminal procedures. The situation may only be different only if, the aggrieved parties opt to have an out of court settlement or agreement. Contingent upon the locale, violators could confront some correctional facility time, fines, or other option sentences, for example, group benefit. First time guilty parties might have the capacity to evade, imprison time contingent upon the conditions of their cases. However, legal aspects of the case may introduce complications to the trial as the jury or judge comes face to face with an offender’s situation as illustrated in Woody’s case.

Statement of Facts

In the light of the case elucidated, the actions by Woody to resort to playing his electric guitar seems to cause disturbance to his neighbors hence there is a need for a compromising decision to be adopted. The continuous actions by Woody to play loud music continuously to interfere with the sleep by the neighbors, a condition that is very compromising as this even compromises their professional activities and private life. The claim that Woody suffers from Insomnia has to be proven as this could be applied by Woody in defending his actions and performance in the night. In addition, the facts that the continuous loud music played by Woody affected the sleeplessness of the neighbors are also a matter that must be ascertained and the effect of this in their professional activities. Before presenting the issue to the legal firm, it would be necessary to elucidate to the complainants, to be aware of others that could help in the process. Woody also needs to update his legal team on all aspects of his condition and the circumstance of playing the guitar as it may play a significant role in the final decision that the judge or jury adopts.

Discussion/ Analysis

Foremost, a consideration could be put forth for Woody to stop the behavior; the legal firm would first engage the complainant to ascertain whether this measure has been adopted to try getting a solution to the issue. The option could be encouraged in the event that the victim does not feel physically threatened or inconvenienced through the continuous actions. The persistence of this despite asking the perpetrator to reconsider his actions should allow the victim to adopt other measures like consulting the police and other law enforcing agencies. At the same time, the victim may opt for an agreement with Woody, a position that will stop any legal action taken against Woody.

Another advice that the legal team will offer to the complainant is the need to consider all the possibilities and demands that legal procedures would witness. This should include the timelines to be involved and even the logistical requirements. The complainant will thus be left with the option of choosing the best alternative, a decision that is well structured to both parties. 

Causing disturbance on an individual peace can be placed as a substantive charge. There exists a wide range of discretion that could be used to consider the disruptive actions. Defenses that Woody could adopt could be,” I didn’t do it or accepting that I did it,” though highlighting that he had to do it.

Related Offenses

Apart from just causing disturbance to peace, Woody Woodpricker could also face other relating charges that include, public intoxication, disorderly conduct,and public nuisance, which can be charged in addition to disturbing the peace. Furthermore, behavioroutlawed by causing disturbance the laws may render the person behindthe offence to civil accountabilityin a private annoyance proceeding as discussed above. These options may expose Woody to a complicated legal battle that may result to heavy fines or time in jail when the complaint decides to take the legal option.

Larger Wrong Charges

It is worth considering thatowing to the wideaspect of causing disturbance, the incrimination, isin most cases included in extra serious offences, such as, domestic violence, battery or other illegalcoercion. In most cases, when an individual is convictedfor any one of these misdemeanor, they are also convicted with the offence of causing disturbance to the serenity, creating inconvenience and in most cases, the social nuisance. Convictions in such a case amount to the introduction of additional charges due to the legal aspect of the current offense a court may consider introducing to the convict. In such a case, the offender may face a challenging legal battle due to introduction and imposition of additional charges and or offences.

Causing disturbance can occur in a variety of circumstances. Despite the consequences of the condition, it isvital to recognize that even if oneis accused of causing disturbance, one has the right to securedefense during trial if required. Initially, before any decision is made, one should consult with a skilledlawyer for an openevaluation of the case. Matching with a skilled lawyer enables one to have professional representation during trial. Given that an offender is often innocent until proven guilty, it is important for the offender to consider all options available to avoid the guilty charge.

Woody as an individual is guaranteed the right of expression as is stipulated in the constitution. The fact that he suffers from Insomnia also provides him with unique demands and consideration that the court will put into focus during the conviction process. However, it should be noted that not all those rights and freedoms should be enjoyed at the expense of other persons’ rights. In striving to put up with the sleeplessness disorder, he causes peace disturbance to people, a situation that amounts to a criminal act and should be punished within the criminal law of the land. The victim may fail to understand his condition. In fact, despite his condition, he need to put in mind, the welfare of the neighbors and avoid exposing them to disturbance or inconvenience at odd hours in the night.

Conclusion

In conclusion, it becomes clear that the actions by Woody to continuously play the guitar late in the night infringes onthe rights of his neighbors to peaceful nights and for this, Woodyshould face the law and if found guilty punished. The effect of the continuous playing of the electric guitar extends to the neighbors professional and private lives. This escalates to industrial disturbance and likely to attract harsh fines or infringement of the offender’s rights. In my advice, I would prefer the complainant to exhaust all the avenues existing before moving forward with legal action. An able attorney is in a good position in lessening the sentencing or fines. However, the court is at its legal right to impose the best form of punishment to the offender in accordance with the law and within the jurisdiction of the court.

This case is similar to that of the State of New Jersey v. Marvin J. Friedman and Marsha Friedman (304 N.J Super. I, 697 A.2d 947). The defendants were accused of disturbing the peace of the neighbors due to the barking of their dog which awakened the neighbors in 8 separate occasions. It was eventually determined that the dog’s barking was natural act that cannot be controlled. Similarly, in the cases of State v. Smith (46 N.J at 518, 218 A.2d, 147) and that of the State v. James Lustig and another (13 N.J 149, 1951. 80A.2d 309) stated that disturbances within the control of the accused can be handled under legal offenses while those beyond control cannot. Woody’s act is capable of being controlled.