describe the facts that support a finding that the State disproved the parental-discipline defense beyond a reasonable doubt.
State v. Treadway
In either narrative or bulleted format, explain the procedural history of this case. Use, identify and explain specifically in the context of this case, the following terms:
Using specific statutory language and section number(s), list the elements of assault and list the facts that support the prosecution’s argument that defendant committed assault. Include the class of this crime in your answer.
Using specific statutory language and section number(s), list the specific elements of domestic violence assault and list the facts that support defendant’s conviction for each element of this crime.
In analyzing the domestic violence assault section, it’s important to understand the exact meaning of the term “family or household member.” Using the reference given in section 207-A, state the definition of family or household member. How does this apply in the Treadway case?
Using specific statutory language and section numbers, list the elements of the parental-control justification. Be sure to include reference to the objective standard in your answer.
Once the defendant has raised the parental-discipline justification, the burden of proof is on the State to disprove beyond a reasonable doubt that the conduct was justified. Identify the facts that the appellate court uses to explain that the parental-discipline justification was sufficiently raised.
Using the elements, you explained in #4 above, describe the facts that support a finding that the State disproved the parental-discipline defense beyond a reasonable doubt.