Legal research memo Final

Surname 1
Student’s Name
Professor’s Name
Course
Date
Threat and the Conspiracy to Commit Murder
The question presented: under the New York Law, did the court violate the First Amendment
Rights by convicting Simon Hartwell with threat and conspiracy to commit murder.
Short answer- yes. Despite the protection of freedom of speech in the constitution, Simon was
consistently threatening his wife through his blogs insisting that her wife must die. Similarly, his
wife consistently noticed various sinister plans together with Marco Pasquez concerning how to
kill her.
Facts
Simon was exercising his freedom of speech by writing various blogs. However, he was
letting out various frustrations especially due to his lack of success and failed marriage. He
believed that writing various macabre fantasies was therapeutic such that his pain would serve as
an inspiration to other people. However, he ended up developing murder fantasies for his
estranged wife. However, these threats became consistent to a point of frightening Maria Elena.
At first, owing to the previous facts that she sustained black eye and fractured nose earlier in
their marriage she was reluctant to report to the police. Similarly, he on many occasions stated on
the possibilities of disposing of her if she ever left him. Additionally, they planned together with
Marco about killing her.
Discussion
Surname 2
Simon was found in possession of rope, knives, gloves and a revolver which was licensed
this served as a great contributing factor towards his conviction for making different threats to
his wife and the conspiracy to commit murder. However, he has filed an appeal because he
argues that the case lacked sufficient evidence for supporting the verdict and his First
Amendment rights were violated.
The First Amendment prohibits the establishment of various laws that would in any way
interfere freedom of exercising freedom, interfering with freedom of speech and the infringement
of the freedom of the press. Similarly, there is a requirement by the supreme court for the
government to justify whenever they interfere or attempts to regulate the right to free speech.
Similarly, an individual may not be convicted for statements that are truthful (Esmaili para.3).
Simon was convicted by the court for violating the 18 U.S. Code § 1117. The key aspects,
especially to any conspiracy charge under the New York law, is based on a criminal partnership
involve two or more people with an aim of committing an unlawful crime. Conspiracy refers to
any form of agreement between two or more people with the aim of committing an unlawful act.
Similarly, the prosecutor is deemed to prove that the key participants had the intent and
knowledge of entering into that specific criminal act. Moreover, the prosecutor may not be
required to show any formal agreement but need to prove the existence of such an agreement
(Criminal Lawyer para. 4).
Conclusion
Due to these facts, I find it justifiable for the court to convict the defendant. This is
because being found in possession of various items that may commit murder and constant threats
to an individual including verbal communication may act as sufficient evidence for a conviction.
Surname 3
Similarly, the presence of a partnership that was aimed at intentionally engaging in a criminal act
is unlawful.
Surname 4
Works cited
Criminal lawyer. Conspiracy Crime. “New York Criminal Defense Lawyer.” (2019).
https://www.criminallawyernyc.com/criminal-defense/conspiracy/
Esmaili, T. Cornell Law School. “Legal Information Institute.” (June 2017).
https://www.law.cornell.edu/wex/first_amendment

Place new order. It's free, fast and safe

-+
550 words

Our customers say

Customer Avatar
Jeff Curtis
USA, Student

"I'm fully satisfied with the essay I've just received. When I read it, I felt like it was exactly what I wanted to say, but couldn’t find the necessary words. Thank you!"

Customer Avatar
Ian McGregor
UK, Student

"I don’t know what I would do without your assistance! With your help, I met my deadline just in time and the work was very professional. I will be back in several days with another assignment!"

Customer Avatar
Shannon Williams
Canada, Student

"It was the perfect experience! I enjoyed working with my writer, he delivered my work on time and followed all the guidelines about the referencing and contents."

  • 5-paragraph Essay
  • Admission Essay
  • Annotated Bibliography
  • Argumentative Essay
  • Article Review
  • Assignment
  • Biography
  • Book/Movie Review
  • Business Plan
  • Case Study
  • Cause and Effect Essay
  • Classification Essay
  • Comparison Essay
  • Coursework
  • Creative Writing
  • Critical Thinking/Review
  • Deductive Essay
  • Definition Essay
  • Essay (Any Type)
  • Exploratory Essay
  • Expository Essay
  • Informal Essay
  • Literature Essay
  • Multiple Choice Question
  • Narrative Essay
  • Personal Essay
  • Persuasive Essay
  • Powerpoint Presentation
  • Reflective Writing
  • Research Essay
  • Response Essay
  • Scholarship Essay
  • Term Paper
We use cookies to provide you with the best possible experience. By using this website you are accepting the use of cookies mentioned in our Privacy Policy.