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Law
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English (U.S.)
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Topic:
An Affirmative Defense
Essay Instructions:
wk 3
1) Compare and contrast the affirmative defenses and explain and what is meant by the sentence, “The defendant is competent to stand trial.”
2) Explain the Supreme Court case of [Jackson v. Indiana] and how it is applicable to the states and competency for criminal liability. Do you agree with the case? Why or why not?
Essay Sample Content Preview:
An Affirmative Defense
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Date: Generally, an affirmative defense is applied in proving that the supposed behavior is criminal. However, the defense can at times be hardly proven than deny defense. In necessity, the defendant is reasonably justified to commit a crime if the risk of personal or risk to others is unavoidable. On the other hand, Mungan (2020) notes that duress defense is an illegal risk of inevitable death or injury that motivates an individual to commit a crime. Conversely, self-defense gives individuals the right to apply reasonable force in either protecting their lives or others, which sometimes allows the use of deadly force in particular circumstances. Although these defenses are applied in different circumstances, they allow one to commit justifiable crimes under the respective special circumstances. According to Pietrzak, Colley, & Subedi (2019), when someone is competent to face trial, the said individual comprehends the nature of his or her legal process and its pur...
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