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.

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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.

Full Answer Section

 

 

Imperfect self-defense is a partial defense to criminal charges. If a defendant is found to have acted in imperfect self-defense, they may be convicted of a lesser offense, such as voluntary manslaughter. Imperfect self-defense requires that the defendant:

  • Used unreasonable 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.

Case example: In the case of State v. Kelly, the defendant was charged with murder after he shot and killed his wife. The defendant claimed that he acted in self-defense, as his wife had been threatening him with a knife. The jury found the defendant guilty of imperfect self-defense, and he was sentenced to 10 years in prison.

2. The defense of consent

Consent is a defense to a number of criminal offenses, including sexual assault, battery, and kidnapping. For consent to be a valid defense, it must be:

  • Voluntary.
  • Informed.
  • Uncoerced.

Case example: In the case of State v. Smith, the defendant was charged with rape. The victim claimed that the defendant had forced her to have sex with him. The defendant claimed that the victim had consented to the sex. The jury found the defendant not guilty, as they found that the victim had consented to the sex.

3. Mental condition or age as an excuse to criminal conduct

Mental condition and age can be both be excuses to criminal conduct. If a defendant can prove that they were mentally ill or under the age of 18 at the time of the crime, they may be found not guilty by reason of insanity or not guilty by reason of age.

Mental illness is a legal term that refers to a mental disorder that substantially impairs a person’s ability to understand or control their behavior. If a defendant can prove that they were mentally ill at the time of the crime, they may be found not guilty by reason of insanity. This means that they will not be held criminally responsible for their actions.

Age is also a legal factor that can be considered in criminal cases. In most jurisdictions, children under the age of 18 are not considered to be criminally responsible for their actions. This is because children are presumed to be less capable of understanding the consequences of their actions than adults. If a child under the age of 18 is charged with a crime, they may be found not guilty by reason of age.

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