Protecting Minorities in Modern Ireland - Management Assignment Help

Assignment Task:

Task:

Attempt Question 1 AND Question 2
QUESTION 1

Please write about any ONE of the following areas in which the law is relevant:
i) Protecting Minorities in Modern Ireland
ii) The Role of Law in a Humanitarian Crisis
iii) The Right to Privacy
iv) The Role of the Law in Environmental Protection
v) The Role of Law in Addressing the Homelessness Problem
vi) Balancing Freedom of Expression with Regulation of the Media
vii) The United Kingdom’s Withdrawal from the European Union (Brexit)
viii) The Position of Trade Unions in Irish Society 

QUESTION 2
After dusk on the 25 th January 2017, an elderly bachelor farmer, Frankie O’Shea was disturbed from his evening tea by a loud noise outside. Conscious of his isolated location two miles from the nearest village and no neighbours in shouting distance, Frankie grabbed his rifle before leaving the house to check it out.

Seeing a light in his hay barn, Frankie approached it with caution. Just before entering the barn, Frankie received a blow to the back of the head. Dazed and frightened, Frankie stumbled back up to be confronted by two youths dressed in black and brandishing sticks. Seeing the rifle, the two youths turned to run away. As they were fleeing, Frankie fired the rifle, hitting one of them in the shoulder.

Frankie claims he had intended to simply release the bullet into the night sky to warn them off. The youth who received the gunshot wound made a formal complaint to the Gardaí. The file has been sent to the Director of Public Prosecutions who must decide what, if any, charges to bring.

Some of the pertinent laws governing this scenario are as follows:
1. People are not allowed to take the law into their own hands. Their first obligation is to report incidents to the Gardaí where it is possible to do so.

2. Under section 18 of the Non-Fatal Offences Against the Person Act 1997, a person is allowed to use reasonable non-lethal/fatal force to defend him/herself and his/her property.

3. Reasonable force is defensive force not offensive force, i.e. the force used must be proportionate to the threat faced. It cannot exceed the threat faced. Once the threat has been countered or has receded the use of extra force becomes offensive and excessive.

4. In determining what is reasonable, the law takes into account the often difficult and stressful circumstances in which the decision to self-defend is taken. In the U.S. case of Brown v. U.S., the court for this reason took a sympathetic view of the person who claimed self-defence as the basis for his actions, noting that the behaviour of a reasonable man could not always be expected in such stressful circumstances.

5. The sentiment of the Brown v. U.S. case was applied in the Irish case of Ross v. Curtis where the property owner claimed to have aimed poorly as a result of the stressful situation he found himself in.
Consider what issues will/should influence the Office of the Director of Public Prosecutions in determining what, if any, charges to bring against Frankie O’Shea.

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