Criminal Law

Self-defense can be used at trial to show the justification that the criminal act was actually necessary to protect themselves or others.  The defense can show evidence that the accused was in fear of their life when a mugger pulled a gun on them.  The accused in turn pulled their own weapon and shot the mugger killing them.  While this is still murder, the accused can state and prove to the court, that they were justified in their action to save their own life.  It is reasonable to believe that when the mugger pointed a weapon at them, they were in danger and responded in a way to preserve their own safety.  While unfortunate the mugger died, the intent to rob the accused with a dangerous weapon proves there was intent to possibly cause harm justifying a response of force that could lead to death.  The accused knew that shooting the mugger could cause harm, but it is reasonable to believe it was necessary to survive the encounter. 
            An excuse defense such as mistake of fact describes when a person lacks the intent to commit the crime.  A crime was still committed but it is reasonable to believe the person did not “mean to do it”.  Several mothers took their infant children to the park to meet up and just spend time with their peers. The mothers talked and laughed and generally spent time speaking about the new experiences they are encountering.  When time to leave Mary began pushing her infant child home in the stroller.  When she arrived home, she took the baby from the stroller to feed them and realized that was not her child.  Mary technically committed kidnapping (taking someone else’s child) and child endangerment (leaving her infant child possibly alone). Mary quickly rushed back and “exchanged” the children, and all was well.  If she had been arrested and tried, she could state that mistake of fact was in play. She had no intent to kidnap another child and when she did realize the mistake, she took immediate steps to remedy the situation.  

respond to this discussion question in 200 words no reference please use your own words

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