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Criminal Law
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Criminal Law
The defense attorney would have to mount a self-defense case on my behalf, due to the scenario that I ended up killing a person on the basis of suspicion. The defense attorney can argue the elements of self- defense on my behalf. The very first point that the defense attorney can present is that the killing was solely on the basis of feeling insecure and threatened, as the person was acting suspiciously. He was roaming in the store, without being concerned about buying anything. Moreover, it was too late at night, which made me even more anxious. One of the most important aspects in this regard is that I have been the victim of robbery, multiple times in the past few months, which made me even more skeptical about the movements and attitude of the person. The factor which gave rise to the suspicion was that he was holding something in his right hand which was in his pocket.
The act was based on self-defense because the suspicious attitude of the person made me think that he was also a robber and had the tendency to cause harm. The traumatic experiences of the past had caused great stress to me, and I was not able to make a proper decision and just believed my instinct of threat and reacted accordingly. My action was also the result of past traumatic experiences and not due to some personal grudge against the person (Weber, & Coons, 2016).
I shall not prevail in the court due to multiple reasons. Most important among them is that I was not personally attacked and shot the person without being attacked initially. I was also not sure what the person was carrying in his pocket and shot him dead. Moreover, I could have used less amount of force, making the person unable to attack me, instead of killing him. I did not try to assess the situation properly and carelessly reacted, without being attacked.
Reference
Weber, M. E., & Coons, C. (Eds.). (2016). The Ethics of Self-defense. Oxford University Press.
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