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2 pages/β‰ˆ550 words
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APA
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Creative Writing
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Essay
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English (U.S.)
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Topic:

The Elements of Defense to Crimes

Essay Instructions:

This week we are studying defenses to crimes. Assume that you are interning for the local prosecutor’s office, and your supervisor has asked you to do some research on the following two cases that are currently pending. The deputy prosecutor has asked you to review the following fact patterns and identify any defenses that the defendants may have and whether the defenses will be successful.
Based upon this unit’s reading, Intellipath lessons, and other resources, write a two-page paper listing the elements of defense and provide your opinion as to whether the defense lawyer would be successful in establishing the elements of the defenses.
Scenario 1: Walter and Reba had been having marital troubles for quite a while when Reba moved in with her mother and took the couple’s three children with her, two daughters and a son. This event triggered Walter’s depression. His doctor diagnosed him with an obsessive compulsive disorder and paranoia. Walter sought professional help and was prescribed medication, which he refused to take.
On the night of October 31st, Walter visited his family, telling Reba that he wanted to take the children trick or treating. Instead, Walter walked into the kitchen, and using a hunting knife he brought from home, killed Reba, Reba’s mother, and his two daughters. Although Walter’s son was there and observed the killings, Walter did not physically harm his son. Walter has been charged with the murder of his wife, mother-in-law, and two daughters.
Scenario 2: Mark had been having trouble with trespassers on his property. He posted “no trespassing” signs at various points of his property and purchased a weapon to defend his family.
At approximately 1:30 am on March 17th, Mark heard banging noises coming from his detached garage, located approximately 30 feet from his bedroom. Mark grabbed his gun and flashlight and headed toward the noise. As Mark exited the front door of his home, he saw two figures running from the garage, away from the house and toward the nearby woods. Mark shouted for them to stop and he shot a warning shot into the air. The warning shot only made the two figures run faster.
When the individuals failed to stop, Mark shot in their direction, hitting one of the individuals in the back of the head, killing him instantly. Mark has been charged with one count of murder and one count of attempted murder.
Ensure that you list the resources used to write your paper.

Essay Sample Content Preview:

Elements of Defense
Student's First Name, Middle Initial(s), Last Name
Institutional Affiliation
Course Number and Name
Instructor's Name and Title
Assignment Due Date
Elements of Defense
Scenario One
In relation to Walter's case and fact patterns, several defenses could be used and even lead to a less severe outcome that does not involve being charged with the murder of four people. To start with, the scenario notes that Walter's depression was triggered by his wife's actions when she decided to take the children away from him. In reference to this, the defense will start where Walter was diagnosed with obsessive-compulsive disorder and paranoia. Obsessive-compulsive disorder, according to specialists, is a condition that is accompanied by unwanted thoughts and fears that lead to repetitive behaviors (Abramowitz et al., 2020). The first aspect that could be used to defend Walter's actions is that he had a disorder. At this point, the son who was not harmed could be used as a shield in stating that Walter was trying to "protect" his son from his imaginations, and because of compulsions, he ended up killing his entire family.
A strong argument could be raised stating that Walter is mentally ill and what he did was not intentional. Walter was also diagnosed with paranoia which is often accompanied by a feeling of being threatened (Moritz et al., 2019). The defense could be generated from this condition, arguing that if Walter wanted to kill the whole family, he wouldn't have left any witnesses. Walter was having delusions that the rest of the family was dangerous, and he had to protect his son from the "monsters." He saved his son out of love but unintentionally killed the wrong monsters. The other side might a...
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