Hamilton v. Cameron
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School
Ivy Tech Community College, Indianapolis *
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Course
211
Subject
Philosophy
Date
Jan 9, 2024
Type
docx
Pages
2
Uploaded by cesiaeves
1.
State the elements of the offense of domestic violence that Bobby J. Cameron was
convicted of.
The elements of the crime of domestic violence as stated under R.C. 2919.25 [A][B][C]
are as follows:
-
“Knowingly causing or attempting to cause physical harm to a family or
household member;
-
Recklessly causing serious physical harm to a family or household member;
-
Knowingly causing a family or household member to believe that the offender will
cause imminent physical harm.” (Samha, 412-413)
2.
List the facts relevant to deciding whether Cameron is guilty of domestic violence.
Bobby J. Cameron is accused of domestic violence following an argument with his wife,
Darlene, where he allegedly threatened to "blow her head off." Police found loaded firearms in
their home, and Darlene, described as "visibly shaken," reported the incident. Darlene signed a
complaint and restraining order, stating she did so without fully understanding. Cameron
admitted to making the threatening statement. Notably, there's no evidence of physical harm,
and Darlene's perception of imminent danger is unclear. Cameron argues an essential element
for a domestic violence conviction is lacking. The case relies on the alleged threat and the
circumstances surrounding it.
3.
Summarize the arguments of the majority opinion reversing the guilty verdict.
The majority opinion reversed the guilty verdict stating that there was no evidence of
physical harm, and the threat alone did not qualify as an attempt to cause harm. The majority
rejected an alternative charge, as there was no indication that Darlene believed she faced
imminent physical harm. The opinion emphasized the absence of evidence showing an
intentional attempt by Cameron to carry out the threat.
4.
Summarize the dissent’s argument in favor of upholding the trial court’s judgment.
The dissenting opinion argued that there was ample evidence for the trial court's
decision. It pointed to Cameron's admission of making the threatening statement, Darlene's
visible distress when found by the police, and the fact that Darlene signed the complaint and
restraining order. The dissent believed this evidence was sufficient for the fact finder to conclude
that Darlene thought Cameron would cause her imminent physical harm.
5.
Which opinion do you think is “right”? Defend your answer.
The dissenting opinion makes more sense in this case. It rightly emphasizes that the
threat made by the defendant and the distress experienced by the victim should be taken
seriously, even without physical harm. The dissident supports the trial court's job in assessing
the evidence and witness credibility. While the majority gets caught up in technicalities, the
dissent stresses the emotional impact and potential danger in domestic violence situations. The
dissident's perspective aligns better with common sense, recognizing that threats and
psychological harm should be considered in these cases. It's a down-to-earth approach that
understands the complexities of domestic violence beyond just physical injuries, acknowledging
emotional and psychological injuries as well.
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