Essay about Criminal Law Midterm

Causation: Had the offender not hit the victim whilst he was walking across the driveway there is no chance he could have died. His death was a direct result of the offender’s actions, as the wounds sustained from the attack killed him shortly after an ambulance arrived on scene.

Define self-defense? Self-defense is when someone protects them self from harm way. In the novel of The Outsiders by S.E. Hinton, Johnny Cade has been carrying a concealed weapon on him everytime he went outside. When he and Ponyboy Curtis walk down the streets they were ambushed by Socs. When Bob, the reason why Johnny is carrying a weapon, decides to drown his friend, out of self-defense Johnny stabbed Bob. Johnny was still innocent because he stabbed Bob due to self-defense, to scare off the other Soc, and to save Ponyboy from drowning.

Stand your Ground law states that a person may use deadly force in self-defense without the duty to retreat when faced with a reasonable perceived threat. When Stand your Ground laws were advocated in Florida and other states, their proponents marketed them as a reestablishment of a natural right, arguing “the duty to retreat has not always been a part of the common law”. The historical context may be misleading, allowing self-defense only when reasonably necessary, and a duty to retreat when attacked outside one’s home. The National Rifle Association seek to influence the Stand your Ground Law as a away for people to protect themselves. Though opponents who were against this law worried it would encourage the use of deadly force. For example, a 2004 case James Workman, a seventy-seven year old retiree who was sleeping in his RV, where an intruder busted into the trailer. James shot the intruder and had to wait months for the verdict. Prosecutors then decided the shots he

“If the behavior of the defendant that killed a person did it on purpose and whether that person expected to have his/her actions to cause death.”

A person is justified in the use of deadly force when that person reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself. (Ill.Rev.Stat.1977, ch. 38, par. 7-1). A person is justified in the use of deadly force when that person reasonably believes that such force will prevent death or great bodily harm. People v. S.M.

The defendant was involved in a fight in which he inflicted a deep cut on the victim's finger. The victim failed to take care of the wound or get medical assistance and the wound became infected. Eventually gangrene set in and the victim was advised to have his arm amputated. The victim refused and died. The defendant was liable for his death despite the victim's actions in contributing to his own death.

In a situation where you feel as if you or others are in immediate danger in most states you have the right to protect you and others and open fire, but they're with be court cases

This case aids in distinguishing the difference between real self defense and stated self defense. Ken Padowitz, a criminal defense attorney said,“People perceive slights that are not there, insults that are not there, threats that are not there, and the sad part is you’re going to empower those misjudgments with saying you have the legal right to use deadly force. In a civilized society that should be unthinkable.” (Whitaker). This quote sums up the claim that on the grounds an individual appears threatening, it does not mean they are a threat to one’s life.

At the same time, weapons can protect from crime. Police are equipped with guns. The military uses rifles and explosives to “secure the blessings of liberty.” And yes, weapons can be used to defend one’s self in their own home. The castle doctrine, more commonly known as the “Make My Day” law, states that if someone is attacked on their property, they may use deadly force to defend themselves. There was a road rage case in Florida where castle doctrine was used. A couple was driving and got into a minor car accident. The passengers of the other vehicle started to beat the woman’s boyfriend, and she stabbed them both in self-defense. Some witnesses declared that if the woman had not acted, her boyfriend would have been killed.

Cause in fact occurs when the defendant's action is the actual result of the plaintiff's injury (Stapleton, 2011). The presence of this element can ordinarily, but not always, be determined by asking the "but for" question, that is, by asking whether or not but for the defendant's negligence the plaintiff would not have been injured. Meanwhile proximate cause refers to the foreseeability of the plaintiff's injuries. If plaintiff's injuries are remote or far removed from the

2. It protects families and their property from intruders. You cannot defend your loved ones from an armed intruder if you are unarmed. Guns are used as self-defense and are needed whenever the police fail to provide the services of protection to the general public.

Although, when people think of self defense they tend to think that means killing someone if they were to break into their home, but the castle doctrine specifies that, a person may not use deadly force upon another person unless: he or she reasonably believes that such deadly force is necessary to protect himself or herself or another against death, serious physical injury, rape, sodomy or kidnapping or serious physical injury through robbery, burglary or arson or any forcible felony (Senate). You may use excessive force if a person who illegally enters, remains after illegally entering, or attempts to illegally enter a dwelling, residence, or vehicle legally occupied by such person. A resident does not have to retreat from his or her home or vehicle when a burglar is breaking and entering.

Whether the breach of duty has caused the plaintiff’s injury is the third element of negligence. Requirements for causation are causation in fact and proximate cause. Causation in fact is determined by the “but for” test, which means if it was not for the defendant’s breach of duty, harm or injury would not have occurred. Proximate cause is when the connection between the action (breach of duty) and the injury is strong enough to impose liability. Another issue that needs to be considered is foreseeability because the defendant’s action must have created a foreseeable risk of injury. In this case, the crew of Titanic was navigating the ship during the night at high rate of speed in water with

Society today is comprised of many different races, ethnicities and minds that think differently and similarly on various topics. The interpretation of homicide is a topic that may be considered to be a universally accepted social more. A common misconception of homicide is that it is used similarly to murder but homicide is general in scope than murder. Murder is a form of homicide that constitutes a criminal act. There are also other forms of homicide that do not comprise of criminal acts. Homicides of this nature are regarded as justifiable or excusable. An example of a justifiable homicide is when an individual is in peril they may out of self-defence

Here the defendants conduct must create a particular result e.g. murder, where the accused’s act must cause the death of a human being e.g. R v Mellor [1996], here the defendant injured the victim who died two days later in hospital, thus defendant was found guilty of murder by the court.