The Castle Doctrine, Double Jeopardy, and the Adversarial System

Criminal defenses and criminal punishments
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Question one
The court feels that sometimes it is good to use force and power to bring law and justice. These laws motivate people to get involved when they witness an assault of a civilian by an officer. They are inquired if the accused showed actions of hostility or if the law enforcement personnel who assaulted the accused was in fear of his life. Officers must have proof and practical grounds to prove that the accused held potential crime. An example is proving that the officer did what he or she did to prevent crime from taking place. This could mean the accused is a criminal and the officer assaulted him to prevent crime. Courts always review and consider the level of threat presented by the possible suspect to the law enforcement personnel that is; in the perspective of the relative strength and numbers of suspects. When police officers are overwhelmed with powerful suspects, the use of additional force is proven to be reasonable, and therefore remains justified. The law enforcement officer therefore, must measure the proportion of an individual’s resistance so as to justify that his or her use of force is permitted by law.
Question two
The Castle Doctrine states that an individual is attacked has no duty withdraw when he is in his home or castle and may use force to defend his property and family from being distracted. It continues to say that when an individual is away from his property example a public place, he should retreat and pull back from using any form of force. The “stand your ground” law is defined as allowing citizens to use any form of force as self-defense when threatened and should not retreat first. Stand-your-ground allows victims who are caught in this type of situation such as when being attacked by a criminal attack to utilize strength and forcefulness in self-defense Stand-your-ground permits an individual the legal right to stay present at the location without any fright of the outcomes. Stand your ground eliminates the obligation to flee from the event involving crime before the victim turns to any deadly force. Stand your ground is not only limited to an individual’s property or possessions (Kadish, Schulhofer & Barkow, 2016).”
An example of a case ruled under the “stand your ground” law is of a young blind man who was brutally killed by being shot in Florida, USA. The blind man was going home on foot home one night. Another individual felt endangered by the youthful man and shot and killed him following an alleged argument. The Castle Doctrine law is different from the stand your ground laws because it covers cases that include the logical doubt during the execution of a violent and forcible serious crime. Castle doctrine is therefore different from stand your ground laws due to its wide coverage. An individual can prove to be right, in Castle Doctrine when he or she kills a person if he or she has justifiable belief that using force was required to prevent a criminal from forcibly getting into his or her property. An example is the case of Theodore Wafer of Michigan. Theodore who murdered Renisha McBride was under indictment with second-degree murder. He sa...