Preview

Checkpoint Legal Defense Essay Example

Good Essays
Open Document
Open Document
462 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Checkpoint Legal Defense Essay Example
Checkpoint Legal Defense

CJS/220
1-18-2013

Checkpoint Legal Defense

• Write a 200- to 300-word response describing three of the legal defenses. Include a definition of the elements of crime in your response.

Defenses There Legal are three different types of legal defenses I have read about that could be used in court. Therefore, even if you are charged with first-degree premeditated murder, if you use these defenses you will not take the full charge, depending on what the crime was or what defense is used. Three of them that I found interesting were self-defense, insanity claim, and provocation. If a being, applies sensible power against a person who poses a risk of impending bodily harm or fatality, that person then, possibly can be cleared of first-degree murder. To dispute textbook self-defense brings about a thorough acquittal, the risk must be serious and the approachable force must be balanced and sensible. A dispute of flawed self-defense will not result in an overall acquittal, but may result in a conviction on a minor charge, such as manslaughter. Imperfect self-defense occurs when the offender's awareness of the threat is genuine but not reasonable, or if the offender uses more dynamism than is rightfully necessary to calm the threat. The same concepts apply to a similar defense of others disagreements. In stating someone is not guilty due to insanity, the defense is more or less arguing that to a mental deficiency, the person is not proficient of forming the target needed to prove first-degree premeditated murder. The degree varies from state to state to launch an insanity defense, but most examine whether the person understands the criminal nature of his conduct at the time of the offense. Provocation is not naturally a complete justification, but rather can decrease a first-degree murder charge to a manslaughter sentence. Provocation also knocks off-balance proof of intending to argue that the wrongdoer was triggered into a temporary

You May Also Find These Documents Helpful

  • Good Essays

    In week four’s theory practice, we reviewed the case scenario of Big Time Toymaker vs Chou in regards to determining the validity of a contract. As we’ve reviewed, an agreement or mutual assent is of course essential to a valid contract but the law imputes to a person an intention corresponding to the reasonable meaning of his words and acts. If his words and acts, judged by a reasonable standard, manifest an intention to agree, it is immaterial what may be the real but unexpressed state of his mind (Melvin, 2010).…

    • 848 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Input names of students from the user, terminated by ZZZ, and create a data file GRADES with records of the form: student(string), test1(integer), test2(integer), test3(integer). In this file, all test scores should b e set equal to 0.…

    • 349 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Research definitions using the Internet, You will write a definition of each term and provide at least two examples of the component or technology. Provide citations and references for all resources.…

    • 429 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    This means that the guilty individual receives the fairest possible sentence. A comparison to another insanity defense used, was the case of the Esposita brothers who had clearly faked being insane to get out of a death sentence. The Esposita brothers set a plan to gain money through robbery and were well equipped to take lives if anyone stood in the way. Both brothers were charged for murder of police officers and citizens. During their court trial, the Esposita brothers pretended to show signs of insanity by speaking in gibberish and banging their heads against the table. The jury was not convinced due to lack of evidence showing past history of insanity and had sentenced them to death by electrocution in 1942. This is one of many cases where a criminal had attempted to get out of a deserving consequence by using the insanity defense. Although it is rarely the case, some criminals convince the judge that they truly are insane when in fact, they were simply successful in fooling the judge. In comparison to the case of Dennis Pozniak who clearly was insane, it was determined that there was no benefit to the actions performed by Dennis and it was simply a spontaneous event that was brought due to an insane state of mind. Is it fair for an individual to get out of their deserved consequence simply because they convinced the judge that they are insane? I believe that unless the…

    • 1368 Words
    • 6 Pages
    Powerful Essays
  • Satisfactory Essays

    CJS 220: Legal Defense

    • 371 Words
    • 2 Pages

    In the readings that I have done I have found that there are three different types of legal defenses, they are: self-defense, insanity, and provocation. In a case where a person is charged with first degree premeditated murder, if they were to use one of the three defenses the punishment would not be the maximum that is normally imposed depending on the crime and type of defense that is used.…

    • 371 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Body: Each of your supporting points in your defense will need a paragraph. State your point as a way of creating a topic sentence for an evidence paragraph. You'll need at least three and probably no more than five. Each evidence paragraph should have specific support by way of facts, statistics, examples, or other details. You may use personal example as some of your supporting detail, but try to use more objective support as well.…

    • 675 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    The insanity defense should be allowed for those with a mental illness when they commit a crime since they are not in control of their actions. “If a person really does have mental incapacity, and it will be considered that his condition has caused him to commit a capital crime, which means the defense could save his life. Put in mind that a capital crime carries a punishment of eventual death. However, being found not guilty because of insanity means that a capital punishment is out of the question. It could mean that the accused would just be housed at a professional mental health treatment center. Though it might not be jail, still it gets him off the streets,” (12 Profound Pros and Cons of the Insanity Defense [Web log post]. (n.d.). Retrieved May 16,…

    • 553 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Categories Of Crime

    • 175 Words
    • 1 Page

    Chapter 3 discusses the nature and purpose of criminal laws. The types of laws include: criminal law, civil law, administrative law, and case law. Categories of crime are differentiated by felonies and misdemeanors. The eight general features of crime determine if the crime was acted a certain away. The crime must consist of: actus reus, mens rea, or both. Concurrence consist of both actus reus and mens rea, which many crimes usually have. Causation, harm, legality, punishment and attendant circumstances are included with the general features of crime. Also, types of defenses give the perpetrator a way of defending themselves in court. The defenses are alibi, justification, excuse, and procedural defenses. However, justification defenses are…

    • 175 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Insanity defense can be a possible escape to a crime but in order to certify that the defense of insanity or the insanity plea, the defense must declare that he or she is not liable for their actions because of mental problems. The defendant must assert that…

    • 997 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Female Gangs

    • 449 Words
    • 2 Pages

    15. List and explain six defences to crime. How do legal defences impact on the definition of crime ?…

    • 449 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    criminal

    • 350 Words
    • 2 Pages

    In addition to understanding the five items that make up a crime, the student also must consider the many different types of crimes, from criminal homicide to crimes against property to crimes against justice. Each offense has unique elements to prove, different states of mind, and varying degrees of…

    • 350 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Although the stand your ground law is used to stop violence its use results in uneccessary deaths therefore O.C.G.A should be revised.the whole u.s was shocked when george zimmerman was founf innocent of killing 17 year old trayvon martin.it was thought of as a easy case for zimmerman since he had no strong opposing testimony.he also used the stand your ground law to prevent jail time.ever since this case there have been continous cases of the law where murderers get away therefore it needing to be revised.…

    • 436 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    To this day, only five states deny the defendant of the use of insanity defense. The insanity defense has such a firm historical and moral origin that provide fairness to defendants who suffer from mental disorders. It is important that the government and the public to treat them with consideration; provide them with the treatment that suitable for the individual’s illness to make them better in hope of release them back into the community when they are no longer a threat to the public rather than to confine them in prison and let them…

    • 1015 Words
    • 5 Pages
    Good Essays
  • Good Essays

    A young, African teen is seen walking unarmed. Minutes later, he encounters a Hispanic male carrying a gun, and seconds later, the young man is dead. The nation is in an uproar, all due to the “Stand Your Ground” Law. This law was intended to protect the people; however, it has provoked controversy among politicians and parents alike. It states that when one is met with force, he or she can pursue the attacker and use deadly force if he or she believes it is justifiable, even if retreat is possible. Supporters of the SYG laws feel like “self defense is a human right” (Cox 2013). However, opponents see the harm brought on communities through increased violence. The “Stand Your Ground” laws should be challenged as these laws harm an individual’s attempt to be responsible to his or her community because they allow for attackers to use the law to justify their crimes, result in unfair reliance on the survivor’s testimony, and make it possible for race to play a prejudiced factor in acquittal.…

    • 982 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Compose a 200- to 300-word response to the following: The Community Services Code of Ethics in Appendix A of Ethical Leadership in Human Services states, “Whatever your personal feelings about the justice and appropriateness of particular laws, all board members, staff, and volunteers are to obey all laws in the performance of their work on behalf of Community Services.” Why do you think this instruction is necessary? What does it tell you about the relationship between law and ethics?…

    • 399 Words
    • 2 Pages
    Good Essays