Essay on Assignment2

1216 WordsFeb 17, 20155 Pages
Criminal Law Professor E. Dixon Assignment #2: Criminal Defenses and Criminal Punishments ABSTRACT: This paper will talk about and discuss the key points involved in the court determining the lawfulness of the use of force. I will also evaluate the level of objectivity inherent in each point that I have specified. Next, I will determine the fundamental difference between the castle doctrines and stand your ground types of criminal defenses. I will justify the validity of each, and provide one example of each to support my response. Also, I will analyze the overall role that double jeopardy clause plays within the trial system. Next, I will evaluate the general level of fairness of double jeopardy to the defense and…show more content…
An overall breakdown of the roles are combined into three different types of elements. First would be would be that the officer was armed. Armed meaning that the officer has rights and access to tools to defend themselves at the time of the incident. The court states that while in pursuit the officers have the right away to show force ONLY IF they feel a sense of being threatened with probable cause. These terms are known as the Graham Factors 1) what was the severity of the crime, 2) Did the suspect pose an immediate threat to the officers or members of the public, and 3) Was the suspect actively resisting arrest or attempting to evade capture? (Enterprises, 2014) When thinking about the terms force society tends to think that in most cases that things done by officers when it involves killing that they are unjust and in some cases that may be true but in most cases there are things to consider. These things include the ability to use deadly force, the polices protection for themselves and their life and lastly would be the concept of participation. (Ojp.usdoj.gov, 2014) There are many styles of force which also include presence (using an authority figure object), verbalization (threats or commanding a subject), empty hand control (using empty hands to find items for retaliation), intermediate weapons (non-lethal chemicals or electronic devices to defend oneself) and deadly force (using force to

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