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– Nelson Mandela

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W3: Criminal Defenses

W3: Criminal Defenses

Q The following discussion comes from your week 3 readings. Outside research to address these issues is encouraged. I would suggest using the online library for additional sources of information and research. In addition, I would recommend utilizing the legal studies program guide. Part I Affirmative defenses fall under the categories of justification and excuse. Choose one justification defense (self-defense, duress, etc.) and one excuse defense (infancy, mistake of fact, intoxication, etc.). Explain how these defenses can be used at trial. Should these types of defenses relieve a person of his or her criminal responsibility? Part II The defense of duress cannot be used in cases of murder. Is this exception reasonable, or are there murder cases where this defense should be allowed?

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One of the main justification defense used by people is the self-defense. According to Miller (2017), “Self-defense often is described as being innate, inalienable, and individual. But the Supreme Court has never expressly held self-defense to be a constitutional right” This suggests that even if this justification defense varies form one person to another, it is the right of every individual granted by the constitution. Self-defense is used by a person to justify that he or she had to break the laws in order to save himself. Miller (2017) further noted that “Those who killed in self-defense had to submit a request for pardon to the king or to his ministers.”