Preacher Paul's Case Study

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When it comes to Preacher Paul’s three criminal charges that are against him, two will fail, the other one will likely go through and he will be charged for this. The charge that he will end up being charged for is the violation of a noise ordinance that makes it a crime to yell religious epithets in the downtown area between the hours of noon and 1 PM. Since Paul is in the downtown area from exactly those time frames, and he is yelling about people going to hell in correlation between God hating gay people, then he is yelling religious epithets as well, and key witnesses will attest to this. Therefore, he fits all the criteria needed to be charged successfully for this charge, but if it had been after 1 PM or before noon, he couldn’t be charged. In terms of the trespassing charge, Paul cannot be successfully charged for this. Paul is on an open corner of First …show more content…

Disturbing the peace rules generally tend to affect people protesting during night time hours, and in the state of Arizona, you are technically disturbing the peace if the person is disturbing the peace of a quiet neighborhood, engaging in fighting, creating violent or seriously disruptive behavior, unreasonable noise, abusive or offensive language/gestures that could invoke violence, refusing to obey a law, or using a dangerous weapon. In this case, Paul is not using a dangerous weapon, is not in a neighborhood, is not making unreasonable noise, is not refusing to obey the law, and although there was a punch throw, he was not engaging in fighting or his language was not abusive enough to invoke violence. While Joe Gymrat may have a different argument that the words were offensive, a general court and jury would not hold these works offensive enough for violence, as they would have to be fighting words. Therefore, Paul is not disturbing the peace and cannot be charged for

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