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Q: describe three of the legal defenses. Include a definition of the elements of crime in your response. (Found in Chapter 4 of CJi Interactive). Also describe the concept of due process as it
applies to life, liberty and property.
A: The elements are: 1. the intentional 2. killing of another, 3. with malice aforethought. Legal defenses available: 1. [ Self-defense: If a person exerts reasonable force against an individual who presents a threat of imminent bodily harm or death, then that person may be acquitted of first-degree murder. To argue perfect self-defense, resulting in a complete acquittal, the threat must be
grave and the responsive force must be proportionate and reasonable. An argument of imperfect self-defense will not result in a complete acquittal, but may result in a conviction on a lesser charge, such as manslaughter. Imperfect self-defense occurs when the actor's perception of the threat is actual but not reasonable, or when the actor uses more force than is legitimately necessary to diffuse the threat (i.e. force was necessary to defend one's self but lethal force was not justified). The same theories apply to a related defense of others argument. 2. Insanity- In claiming one is not guilty by reason of insanity, the defense is essentially arguing that due to a mental defect, the individual is not capable of forming the intent required to prove first-degree premeditated murder. The standard varies from state to state to establish an insanity defense, but most examine whether the person understands the criminal nature of his conduct at the time of the offense. 3. Provocation- Provocation is not usually a complete defense, but rather (if believed) can reduce a first-degree murder charge to a manslaughter conviction. Provocation also undermines proof of intent by arguing that the actor was provoked into a temporary loss of control and acted in the heat of passion. The provocation must be sufficient enough to disturb a person of ordinary sensibilities. ]
Expert answered|emdjay23|Points 473|
Asked 3/1/2013 7:15:57 PM
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