Four Criminal Law Elements Of Self-Defense

The four criminal law elements of self-defense are nonaggressor, necessity, proportionality, and reasonable belief. Nonaggressor is when the defender did not in any way provoke or stray an attack. When it comes to self-defense it is only available when it comes to unprovoked attacks. If one provokes someone they cannot use self-defense to defend themselves from the attack because they provoked it. However there is one exception and that is the withdrawal exception. The withdrawal exception is when the initial aggressor withdrawals completely from the attack they provoked they can defend themselves against their initial victims. An example of nonaggressor self-defense is Melody hanging out at the bar by herself and Samantha comes up to her trying

Haylee only sees using deadly force to stop Monica from attacking her is an example of reasonable belief.

2. Define and discuss the four major "tests of insanity." Which one do you think is best? Explain your position on the one in which you select. What percentage of cases that are adjudicated in state courts do defendants use the insanity defense.(Answer the question using the textbook and supplement the response by citing outside sources (the web) to expand the textbook information).

The four types of insanity are the right-wrong test, irresistible impulses test, product test, and substantial capacity test. The right-wrong test is also known as the McNaughtan rule and it is the oldest rule that is used in twenty-eight states along with the federal courts. When it comes to this test there are two elements. The first element is the defendant suffered a defect of reason that was caused by a disease in the mind. Secondly, did they know at the time of that act the nature and quality of the act or that the act was

Source:

The Insanity Defense | Psychology Today. (n.d.). Retrieved from https://www.psychologytoday.com/blog/almost-psychopath/201208/the-insanity-defense

3. The "excuse of age" dates back to common law regarding children that comment criminal offenses. Comment on the three age groups for determining childrens' capacity to commit crime and explain the "judicial waiver" process for transferring children to adult criminal courts where they can be tried as adults.

Under age 7, ages 7-14, and over age 14 are the three age groups for determining children’s capacity to commit a crime. Children under the age of 7 that commit a crime have no criminal capacity, children between 7-14 children are presumed to not have criminal capacity, but it can be overturned, and children over 14 have the same capacity as adults.

The judicial waiver is a process when juvenile court judges use discretion in order to transfer juveniles to adult criminal courts. The process of this waiver includes: The seriousness of the