Self-Defense Process

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Defenses and Due Process Kylee Rivers CJS/220 Defenses and Due Process According to Gardner and Anderson (2011), an individual is only charged for a crime he/she committed intentionally. He suggests that such a crime must be without defense so that an individual is declared guilty. Defenses are situations that can stop or lessen the guilt in a case. Presentations of evidence for such situations ensure an accused person is defended from guilt. According to Gardner and Anderson (2011), the common elements of defense include insanity, entrapment and self-defense. These may result to releasing of accused persons of the basis of evidence submitted to courts. Types of…show more content…
Such acts are not vulnerable to guilt as one was forced to repel an attack. As a means of defending oneself, Gardner and Anderson (2011) note, the accused must prove pending danger, which he/she was unable to resist. Additionally, the accused must prove the ability to look for alternative ways of avoiding the act, unsuccessfully. Gardner and Anderson (2011) argue self-defense is relevant in defending oneself, another person and in the defense of property. For instance, if rapists stormed into a house and tried to rape the wife of an individual, the man could defend the wife by shooting them. Moreover, if, in the process they wanted to steal property, the man is liable to defending both his wife and his property. The case would also be validated by giving proof that the accused has a crime…show more content…
Unless the government is able to prove the existence of these elements, it can't obtain a conviction in a court of law. The due process model is a model of the criminal justice system that stresses that every criminal justice conclusion is built on scrupulous information. Due process stresses the adversarial process, the rights of defendant and the rights of the formal decision-making procedure. It is vital to realize that courts allow individuals to defend themselves based on entrapment, self-defense or insanity. These, however, must be proved appropriately to allow courts practice fairness in defenses. All criminal activities act within a law, which states the behavior allowed or disallowed by a state. Additionally, there must be an act performed to prove a crime. The American government, for instance, bases crime of acts rather than thoughts. Additionally, courts must gauge the intention of persons involved in criminal activities. Such actions vindicate individuals with insane conditions of
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