Criminal Defenses and Criminal Punishments

Criminal Defenses and Criminal Punishments Name Affiliation/Institution Date Criminal Defenses and Criminal Punishments * Specify the key points involved in the court determining the lawfulness of the use of force. Next, evaluate the level of objectivity inherent in each point that you have specified. There have been concerns about the appropriate use of force by the police. There have been incidents that have been publicized, and that involved the police supposedly using excessive use of force to apprehend suspects. The amount of force used has been at the center of many debates, and as it stands, there is no clear criterion to ascertain whether the force used in certain situations go beyond or surpasses the threshold as required by the constitution or in any way violates the rights of the suspect. Several key points arise when determining the lawfulness of the use of force. Self-defense is one of the key points that is examined when determining the lawfulness of using force. Several elements are often examined with regards to self-defense, and these include the inevitability to defend oneself, the illegitimacy of the other person's action, and finally the rationality of the self-defense act (Gardner and Anderson, 2009). In all the three elements of self-defense, one can categorically say that the level of objectivity is indeed satisfactory. This is because it considers the villain's actions vis-à-vis the victim's. However, it is also fair to note that it does not state the criteria of examining the action that prompts the self-defense act. The other key point concerns the stand your ground law. With regards to this statute, one can go to the extent of using excessive force or deadly force when responding to attack (Gardner and Anderson, 2009).The traditional way of responding to attack is the ‘duty to retreat' dogma, but with regards to this statute, a person can defend himself/herself if he/she reasonably believes that use of force is the only way to prevent harm or death. This point has been debated for a while since its inception and adoption of the judicial system. This is because it gives a person the power to determine whether an act deserves the use of excessive force or not. The other point that is used to determine the lawfulness of the use of force is the Good Samaritan law. With regards to this law, it encourages people to help other people against unlawful interference or force. Law pundits, as well as law enthusiasts, have often expressed concern with this law because it leaves the decision of determining the unlawfulness of an act on the hands of people. Its level of objectivity is indeed questionable. Any law that bestows power to people is flawed in a way. * Determine the fundamental difference between the castle doctrine and stand your ground types of criminal defenses. Justify the validity of each, and provide one (1) example of each to support your response. People often think that the castle doctrine and stand your ground laws are the same, but the bottom line is, they are not. The castle doctrine refers to a law that allows a person not to retreat or abide by the duty to retreat statute, and to use force (excessive or r...