Criminal Law Assignment 2 .docx - Amanda Plemons Assignment 2 Criminal Defenses and Criminal Punishments Professor Brasca In the United states our

Criminal Law Assignment 2 .docx - Amanda Plemons Assignment...

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Amanda Plemons March 15, 2020 Assignment 2: Criminal Defenses and Criminal Punishments Professor Brasca
In the United states our Supreme Court ruled that use of force must be objectively reasonable. United States courts tasked with determining what is “objectively reasonable” are guided by the Supreme Courts rules, which state they must examine the facts around the event at the time the situation was presented to the one who demonstrated the use of force. There are three key points for determining when the use of force is justified. This happens only if the use of force is deemed reasonable, necessary, and in response to unlawful acts by another person. In order for the force to be deemed reasonable the amount of force that was used must be considered reasonable under the circumstances that were occurring at the time of the event. For the force to be deemed necessary it must be immediately needed in order to protect themselves or another from the event of an unlawful act. Finally, for the force to be considered unlawful the question must be asked was the act lawful when the force occurred. If the act was lawful the force used would not be considered justified. Section 3.04 of the model penal code gives the person the right to defend them self during self-defense in the event that it is immediately necessary to protect their self or others. When a court is determining what force is considered reasonable, they look at things like the age and size of the people involved in the altercation, what weapons or instruments were used in the event, and finally how aggressive was the assault. For example, if both parties were the same age and size and only fists were used in the altercation than it would be a clear-cut case of self-defense. However, if the person who was claiming self-defense used a baseball bat to beat a person who was considerably smaller than he and/or was younger in age significantly than this may be grounds for charges to be filed against the person who used force.
In 2005 the stand your ground law was first introduced in the state of Florida. This law states that “A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her

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