Homework Question on Criminal Law
- There are 2 parts to this assignment. Remember this is a United States Criminal Justice class based on Criminal Law.
- Complete assignment in Times New Roman 12pt Font.
- Use APA 6th edition format for citation.
- Assignment must be 100% original.
- I have uploaded the chapter from the text book for you to reference on(file:///C:/Users/agg/Documents/isaac/153901665_Chapter_5_2.PDF).
- I do not need a cover sheet!!
Schmalleger, F. & Hall, D.E. (2017). Criminal law today (6th ed.). New York, NY: Pearson.
Briefly define the following terms and justifications:
- Affirmative defense
- Necessity (as it applies to justifications)
- Self defense
- Defense of others, the alter ego rule,
- Defense of home and property, the retreat rule, the castle exception
- Reasonable force, deadly force, non-deadly force
- Perfect self defense
- Fleeing felon rule
- Resisting unlawful arrest
Watch the short news story on the Bernhard Goetz case and the summary provided here: http://law2.umkc.edu/faculty/projects/ftrials/goetz/goetzaccount.html
And here’s a documentary on this case:
After referencing and watching the video answer the below question.
- Why was Goetz unsuccessful in qualifying for the affirmative defense of self-defense in the NY Court of Appeals (NY’s supreme court)? Be very detailed with your answer.
- So WHY did the NY Court of Appeals (a body which could have dismissed the entire matter) reject Goetz’s affirmative defense of self-defense? And why did the trial jury accept it????
Homework Answer on Criminal Law
Affirmative defense Is where a defendant responds to assertion he or she makes to a jury. The defendant therefore has to make a date to defend him or herself on legal bases to his illegal or offensive action. Necessity in legal terms is the basis of justification. Necessity is when the defendant makes the claim and proves with compelling evidence that the crime or offence committed was necessary to prevent a greater evil against self, other people or property. Therefore, necessity arises only if a greater evil is prevented by committing the evil the law tries to prevent with the exempt of economic, emotional, political or financial gains.
Defense of others is when the criminal action taken by an individual prevents damage to other people. This can occur in situations such as, if a person throws a cargo out of a plane to save the people in the pane from crashing or a nurse offering medication without prescription to save a patient under an emergency situation.
The defense of property occurs when a person performs a criminal act on foreseeing a real danger on destruction of properties. This is the case when fire fighters intentionally start a control fire to stop the fire from spreading to a larger region.