The perfect self-defense which justifies the harm caused by the defender
1)Discuss the perfect self-defense which justifies the harm caused by the defender, whether it is in the nature of a battery or death, and the imperfect self-defense, where one or more elements may be missing which may result in a lesser offense. Please be able to provide case examples in your answer.
2)Discuss the defense of consent and the types of offenses where the defense of consent can be used. Provide a case example in your answer.
3)Should mental condition or age be an excuse to criminal conduct? Why or why not? Is there any reason to distinguish between these two categories even if it can be established that the personal acted with intent or purpose?
4)Compare and contrast mental competence or legal sanity. How is each determined? Who makes the determination? What is the relevant question that must be answered to make that determination? What are the consequences of such a finding?
5)If a person gets in a fight and is injured, put in the hospital, contracts COVID-19, and then dies. Would the person who injured them to begin with be liable? Would the victim have gotten COVID-19 despite their injuries and being in the hospital? Explain your answer.
Sample Answer
Perfect self-defense is a complete defense to criminal charges. If a defendant is found to have acted in perfect self-defense, they will be acquitted of the charges. Perfect self-defense requires that the defendant:
- Used reasonable force to defend themselves against an imminent threat of harm.
- Believed that they were in imminent danger of death or serious bodily injury.
- Their belief was reasonable under the circumstances.