Just looking for a response Need a response to the following discussion board po
ID: 3500383 • Letter: J
Question
Just looking for a response
Need a response to the following discussion board post: (Criminal Law)
1. Describe the four elements of self-defense as they would apply to general claims of self-defense without reference to deadly force.
The four elements of self defense are the following. 1. An unprovoked attack. 2. The threat of injury or death is imminent. 3. the degree of force used was reasonable. 4. objectively reasonable fear.
Meaning that they have to prove they had nothing to do with the attack occurring and also that the attack would have resulted in death or injury as well as that their response in defense was reasonable, meaning no death.
6. Explain what the defense of age is and how is it applied by a defendant?
The defense of age is also known as the infancy defense. This law is used to limit the liability for a crime based on the age of the defendant. It applies to the various levels of punishment you are allowed to enforce as someone will fit into the juvenile system rather than the adult system varying on age and the offenses being committed. In the United States, the age of responsibility kicks in at 11. At 11 they are to be charged to the extent of their crime, whether in the juvenile system or adult. They can use this defense as a way to lower a punishment for someone under the age of 18, stating that there is a limit of responsibility for their actions but it also it can be used against them stating that they would know better by their age, depending on the crime being committed.
Samaha, J. (2017). Criminal Law Today. New York: Aspen Publishing
Explanation / Answer
6. The legal age remains a point of debate in the society and in terms of Criminal Justice system, the age is set as 11 which I think is too small to understand what’s going on because even a fully grown adult commits crimes with full knowledge, so a 11 year old might not even know he or she is committing a crime. The parents should be held responsible for not bringing up the child and teaching the child the necessary consequences the child will undergo. Nevertheless, a 11 year old will be either at home or in the school, so whatever he sees and listens will become part and parcel of his personality thus involving in crime. Throwing them in jail would only make things work but they could be given the normal life with complete supervision and counselling.
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