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FISHER’S DEFENSE. Allison Alexander Yahan Derby AJ Klopotoski Matt Januski Rachel Zomerfeld. Defendant acted under severe provocation. Darryl’s action represented deep feelings of racism. Fisher had to face discrimination and live in fear of Darryl.
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FISHER’S DEFENSE Allison Alexander Yahan Derby AJ Klopotoski Matt Januski Rachel Zomerfeld
Defendant acted under severe provocation • Darryl’s action represented deep feelings of racism. • Fisher had to face discrimination and live in fear of Darryl. • Fisher was embarrassed in front of his colleagues. • The emotional distress caused by Darryl triggered a reaction from Fisher. • The reaction was not unreasonable due to the meaning behind Darryl’s act.
Fisher had no intent to strike Ivana • The intent was transferred when Fisher hit Ivanabut his intent to harm Darryl was directly brought on by Darryl. • Fisher cannot be held entirely responsible for the damages. • Fisher acted in an agitated state and level of provocation was sufficient enough to create this state. • Fisher is not responsible.
Fisher felt fear at the time of the incident • In 1967, hate crimes against African American’s were frequent. • Darryl’s action might have been a precursor to something more. • Fisher took action to protect himself from any further damage. • He had legitimate reasons to feel fear. • We must take into account the obstacles African Americans faced at that time as well.