Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Self defense in criminal cases
Short essay on self defence
Self defense in criminal cases
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Self defense in criminal cases
Has a friend or daughter ever been wrongfully accused of a crime she did not commit? Abused women today are having to spend years in prison, crying out for freedom from a title of accused murderer, yet they were just protecting themselves from the abusive killer. Although some believe abused women should be accused of murder for killing their husbands, the truth is they should not because it could be an act of defense, or a form of protection.
In situations where abused women feel harmed or threatened, their immediate reaction of protection for their children or themselves is the death of their abuser. The act of self defense comes from the principle stating that one who is unlawfully attacked by someone else should be able to defend himself/herself
…show more content…
Some may look at her as a murderer, yet she is using her self defense to keep herself alive when no one is there to help. Self defense is a choice, and many times a requirement. The act of self defense is based on defending oneself when no one else can help. An abused woman who is defending herself is helping herself, while staying alive against her abuser. Self defense would not have to be put in place, if there was absolutely no abuse against the victim. There are multiple ways to act in self defense, yet the most extreme of them all is death. Women in an abusive relationship tend to resort to death in their form of self defense in a scary, traumatizing situation, such as abuse. Most of the time when women choose to kill, it is not out of a rash decision, but out of multiple, repetitive times of abuse, physically, mentally, and emotionally. Death or killing is not the ideal term of self defense for most victimized women. Death is the last resort, option, and string attached to their line of abuse. The death of an abuser is tied to a repetitive action of physical abuse, and can be emotionally draining for the victim. In some or most situations, the abuser was at one time a loved one, family member, or spouse. This alone can make it hard to commit the act of self defense. It is only done when a victim feels that her life is about to end, because she has probably gone …show more content…
The mindset of helplessness comes from the thought of the government not taking their side, or sending the abused victim to jail for their actions of self defense or protection. Many women plead guilty to manslaughter instead of going to trial. They will most likely not stand a chance of acquittal. Once the abuser has been killed, the victim can finally have some kind of peace, yet she has to deal with the trial process. This can be stressful, not including the fact that she has just killed a person she once loved, for doing something she could have never fathomed him doing. At this point in the grieving process, the women feel hopeless. She feels as though everyone is against her, yet she has no one to be there for her. Feeling like this is what gives her strength to fight her trial, despite giving up and forever being accused as a murderer, in an act of self defense. How did defending herself against a criminal, cause the government 's view of her to go from the victim to the criminal overnight? “A number of other factors are at play, including a 1995 Criminal Code amendment that calls for a minimum four-year sentence when a firearm is used to commit a crime” (Tremblay). Women tend to kill with firearms because they do not normally have the strength, as men, to kill with fists and knives. Out of this act of not having the strength, as their abusers do, they are punished. This
Therefore, this case plays on the idea that, when an individual feels his or her life to be in danger, self-defence is accurate. In the case of Ms. Lavallee, both reasonableness and ethics were questioned. Since Ms. Lavallee is a victim of battered woman syndrome, when she pulls the trigger at that life-threatening moment, cannot be understood except in terms of the cumulative effect of months or years of being brutally abused. Overall, this case is an exceptional example of how self-defence comes to play within the criminal justice system. It is important for the law to revaluate cases for a better understanding of the balance of inclination over pain. For instance, although Lavallee was thinking that her life was in danger with action she committed, there is reason and story behind her crime. When the case is viewed from this perspective, it becomes clear that the battered woman’s knowledge of her partner’s violence was so profound that she knows the extent and nature of the violence beforehand, which allowed her to determine that this time it was different, and would probably result in life threatening
Battered women constitute one of the most marginalized groupings in the social order. Their relationship incidents occasionally put these individuals into disagreement with the law, particularly when they murder their violent partners. The Battered woman syndrome (BWS) was created by clinical psychologist (1970’s) with an intention of depicting the series of occurrences that physically abused women frequently experience in their relationships.
Mel Brook's film ,Young Frankenstein, is a comedic throwback and famous parody to Univeral's Frankenstein (1931), Bride of Frankenstein (1935), Son of Frankenstein (1939), and The Ghost of Frankenstein (1942). (quote from interview generally describing movie experience).
“Such a woman faces two major obstacles: fear and finance -- fear for her safety and that of her children and a lack of money to support herself or them. The most dangerous time in the life of a battered woman is when she attempts to leave her abuser. Threatened by the loss of control, the batterer is likely to become even more violent and may even try to kill her. There are simply not enough shelters to protect all the women who need them” (1).
Women have been woman beaten and threatened for many centuries and surprisingly it has nothing to do with love or jealousy. It's all about power and control, and who has it, and who doesn't. There needs to be a stand against this violence.I would like to point the finger today at what we call our modern, computer smart, and highly even "Havard-ly" educated America. Our beautiful "land of the FREE." Free of what? Defiantly not free of violent acts. Gruesome murders of innocent women take place daily, and it's sad that mostly they go unnoticed. One example of this is the murder of a young mother; 26 year old Gina Marie Lupson-Holden-Young and her young sons three year old Shaun Edward Lupson-Holden and seven month old Joshua Lee Lupson-Young whom were murdered by fire June 9, 2013 in Jeannette, Pennsylvania. (1) Their trusted husband and father burned them all to death. This was the tragic conclusion of a doomed relationship with a history of domestic violence. What should have happened to the husband? To me, there is no question. He should die too. Why? It's simple to me. The law should be an eye for an eye and a tooth for a tooth (three in this case).
The word assault means to make a physical attack on someone, but how does a weapon with the purpose to provide food for your family become classified as an assault weapon? If a weapon is used to assault another person is it then classified as an assault weapon, or is it still just a weapon used to bring harm to someone? The classification of an assault gun should be changed.
Everyone has had that time in their life where they feel that they would be safer if they had some sort of protection, concealed carry is a great option for protection. Over the years it has been growing in popularity, more and more people are going out and getting their concealed carry permit. With more and more people going out and getting their permit, some may view it as dangerous, while others feel it is a necessity. Concealed carry is essential because, it allows added protection, has certain restrictions that the person must meet, and if guns are handled properly they are not as dangerous
America—the land of the free and the home of the brave. Not only are these words sung in the national anthem, but they can even be considered a motto for the country. In the US, residents and citizens have many rights that people in other countries can only dream about. They have the right to practice freedom of speech, freedom of religion, and many other freedoms thanks to the founding fathers and the United States Constitution. But there are some very controversial rights as well. What about the second amendment – the right to bear arms? While America is considered one of the freest countries in the world, we might ask ourselves: is it too free? Although the right to bear arms is a constitutional right, the safety of the nation is far more important. America should use Australia as a model when it comes to gun laws. Stricter, more extensive background checks, requiring permits and training, and the prohibition of automatic and semi-automatic guns must be enforced in order to help lower crime rates and ensure American citizen’s safety.
There are many cases where self- defense has been used as a plea where the victim felt they were in harms’ way or unable to escape a specific situation that ended badly. The definition for self- defense is: 1. Defense of oneself when physically attacked 2. Defense of what belongs to oneself, as ones work or reputation 3. (Law) the right to protect oneself against violence or threatened violence with whatever force or means reasonable or necessary. According to an expert on battered women, a woman must experience at least two complete battering cycles before being labeled a battered woman. (Walker) According to Dowd, “he believes the proper use of BWS assists the fact finder to understand the state of mind of the battered woman at the time she fought back against her abuser.”(1) Women should be able to use BWS as a plea when habitual abuse occurs within a relationship with a significant other and results in violence or worse death.
For example, according to Dara lind “Officer’s aren’t supposed to shoot to kill. They’re supposed to do whatever is necessary to disable the threat”(Lind). Whenever an officer gets caught up in a difficult situation where deadly force is needed for the most part officers do shoot to kill because they feel like there life is in danger themselves. Yes like they said they are supposed to do whatever is necessary so therefore if shooting to kill someone is necessary to them then for police officers it is the right thing to do. But in reality in some occasions deadly force by a cop resulting in someone’s death is not needed and there should be other alternatives to handle difficult problems like that. In addition, “Usually, the point from where the officer believes he has to use deadly force to the point where he uses deadly force -- where he pulls
Violence in the United States is a major problem, but our politicians only want to focus on gun violence, and some of them believe the solution to ending gun violence is by preventing law abiding citizens from exercising their second amendment rights. Guns are easier to commit a crime with than other weapons, or without a weapon at all, but with an estimated 270 million guns the hands of citizens (11 facts), if they were the problem we would know it by now. It is undeniable that guns are responsible for a high amount of crime, but we already have tens of thousands of gun laws in the United States (How many gun laws are there?), that haven’t been able to curb gun violence. If the current laws were working, then maybe there would be a reasonable
Actual or threatened physical violence, psychological violence and the denial of physical and economic resources all have an enormous impact on women 's mental health. These problems take many forms, all affecting women 's ability to attain a basic quality of life for herself and her family. Abuse is strongly associated with alcoholism and drug use in women (Facts About Domestic Violence). It also can lead to "fatigue and passivity coupled with an extreme sense of worthlessness" (Violence Against Women in the Family, 78 ). These symptoms together remove any initiative and decision making ability from the victim. This lethargy, coupled with economic barriers, makes escape from the situation very difficult. The lack of initiative also thwarts women 's abilities to participate in activities outside of the home. High levels of stress and depression are also extremely common mental health problems for victims of family violence, often leading to suicide (Facts About Domestic Violence). In the United States, one quarter of suicide attempts by white women and one half of attempts by African American women are preceded by abuse (In the Health of Women: A Global Perspective, 128). The World Bank 's analysis found domestic violence to be a major cause of disability and death among women; the burden of family violence is comparable to that of HIV, tuberculosis, cardiovascular disease or cancer (Domestic Violence Against Women: A Global Issue,
Domestic violence is a growing problem that occurs not only in the United States but also around the world as well. It can happen between partners in a same-sex relationship or at times the man will be the victim of a female partners abuse. However, a majority of the domestic abuse cases that we know about are women who have been battered by their male partner’s abuse. The reality of the matter is that each day the statistics on domestic violence is getting scarier. According to Loseke and Kurz (2005), “Families are, statistically speaking, very dangerous places for women but not for men: more than 40 percent of women’s hospital emergency room visits, arising from intentional violence were caused by their male intimates; violence by intimates caused fewer than 5 percent of visits by men; for every 1 man hospitalized for spousal assault, 46 women are hospitalized”. This just shows how big of an issue domestic violence really is especially in intimate partner violent (IPV) relationships. Intimate partner violence often times includes sexual violence and can also include psychological abuse; both can also accompany physical violence (Jewkes, 2002). Many people probably don’t think about it unless it is happening to them or a friend. Domestic abuse towards women can take many forms; women can be raped, physically, verbally or emotionally abused. They can also be the victims of slaps, pushes, shoves, kicks, having things thrown at them, or even being choked. Violence against women especially domestic violence is a very difficult thing to detect because it is personal and intimate. In order to deal with this issue we first need to figure out what leads men to be violent toward women, then we need to figure out why the victims decide not...
Joyce Hamilton Berry, a clinical psychologist in the Washington D.C. area states that “women often find themselves in such circumstances because society puts the burden of maintaining the relationship or marriage on the female. She says in everyday social interactions we continue to hear comments such as "She let her man get away" when in fact the woman never had him, or perhaps he lost her. By the same token, many abused women believe they did something wrong and that is why they are abused” (Norment 126).
Gun safety is a subject that has been a main topic in the past few years among many, especially within politics. It is something that has become a substantial topic in the past few years due to many shootings and accidents that have occurred with today’s youth. It is a topic that needs to be addressed.