People V Berry TX POL COURT CASE THESIS
People v. Berry
Albert Joseph Berry married a woman named Rachel Pessah in May 1974. Ms. Pessah was a recent immigrant from Israel and 26 years younger than Berry. During this time Israel had just ended the Yom Kippur War “October War” which was Part of the Cold War and Arab–Israeli conflict the previous year. Three days after their wedding in 1974 Rachel returned to her home country by herself for six weeks. When she returned she told Berry that she had fallen in love with another man and was having an affair. This started a two-week period of bizarre sexual taunting and teasing by the victim which resulted in Berry strangling his wife with a telephone cord on July 26, 1974. Police arrested Albert Joseph Berry for the murder on August 1, 1974.
In People v. Berry, Berry (the defendant) was convicted of murdering his wife in the first degree. Defendant allegedly stated that he killed his wife in the heat of passion and thus should only be found guilty of manslaughter.
The Supreme Courts’ issue was deciding whether or not the defendant killed in the heat of passion. Passion is defined by the Court as any violent, intense, or enthusiastic emotion. The concept “Heat of Passion” is a widely utilized and accepted doctrine.
The ultimate decision of the Court was to reverse the murder conviction; stating that the act of his murder was brought on by the victims repeated taunting and abuse toward Berry. The Court found that the evidence of infidelity and teasing could be enough to rule his conviction and “Heat of Passion.”
I chose People v. Berry because I do not agree with the “Heat of Passion” rule in this conflict. My question I have to resolve is “Why is it okay for an impassioned person to receive lesser penalties than a calm person when convicted for murder?” In society it is taught to think before you act. The problem might be that the calm person had time to think before they acted. Is it because he is less dangerous, or less deserving of punishment? Although if
Albert Joseph Berry married a woman named Rachel Pessah in May 1974. Ms. Pessah was a recent immigrant from Israel and 26 years younger than Berry. During this time Israel had just ended the Yom Kippur War “October War” which was Part of the Cold War and Arab–Israeli conflict the previous year. Three days after their wedding in 1974 Rachel returned to her home country by herself for six weeks. When she returned she told Berry that she had fallen in love with another man and was having an affair. This started a two-week period of bizarre sexual taunting and teasing by the victim which resulted in Berry strangling his wife with a telephone cord on July 26, 1974. Police arrested Albert Joseph Berry for the murder on August 1, 1974.
In People v. Berry, Berry (the defendant) was convicted of murdering his wife in the first degree. Defendant allegedly stated that he killed his wife in the heat of passion and thus should only be found guilty of manslaughter.
The Supreme Courts’ issue was deciding whether or not the defendant killed in the heat of passion. Passion is defined by the Court as any violent, intense, or enthusiastic emotion. The concept “Heat of Passion” is a widely utilized and accepted doctrine.
The ultimate decision of the Court was to reverse the murder conviction; stating that the act of his murder was brought on by the victims repeated taunting and abuse toward Berry. The Court found that the evidence of infidelity and teasing could be enough to rule his conviction and “Heat of Passion.”
I chose People v. Berry because I do not agree with the “Heat of Passion” rule in this conflict. My question I have to resolve is “Why is it okay for an impassioned person to receive lesser penalties than a calm person when convicted for murder?” In society it is taught to think before you act. The problem might be that the calm person had time to think before they acted. Is it because he is less dangerous, or less deserving of punishment? Although if