Introduction When it comes to Criminal Defenses and Criminal Punishments, perceptions of
others can sometimes vary. Some may agree that the punishment goes with the crime, while
others may argue that there are stipulations that can be enacted due to extenuating circumstances
for the defendant of the crime. In this body of work, the key points involved in the court
determining the lawfulness of the use of force, the fundamental difference between the castle
doctrine and the stand your ground law, the overall role in the double jeopardy clause, the basic
features of the adversarial system and lastly the authors’ opinion in the speedy trial section of the
sixth amendment, if it is necessary or not and the reasons why will be …show more content…
(Wallentine, 2007) Lastly, when
officers feel threatened by the number of suspects or outnumbered by large crowds, for example,
the recent protest in Ferguson, Missouri and across the country, the officers may feel compelled
to use force but in most of the cases across the country, it has not been necessary.
Castle Doctrine v. Stand Your Ground Law
The castle doctrine provides protection against intruders for the homeowners. For
example, if your house is broken into, the law provides protection for the homeowner to use
reasonable force, including deadly force to defend his or her property, person or another. The
Stand Your Ground Law allows an individual to use force in self-defense when there is
reasonable belief of a threat without an obligation to retreat first if the individual (1) has a legal
right to be at the location and (2) is not engaged in an unlawful activity. These two laws provides
an affirmative defense for individuals charged with a criminal homicide. (Randall & DeBoer,
2012) An example of this law is if a criminal trespasser is found attempting to commit arson …show more content…
Double Jeopardy The overall role that double jeopardy plays in criminal proceedings is that it
prevents courts and prosecutors from retrying a defendant due to unfavorable outcome of the trial
(a jury finding the defendant not guilty of murder, for example). The fairness of the double
jeopardy clause to the defendant depends on who you ask. For the defendant it is fair because the
defendant can not be tried again for the crime in question after being found not guilty. In the case
of O.J. Simpson, for example is a bit different. He was found not guilty of the deaths of Nicole
Brown Simpson and Ronald Goldman, he did however was required to pay money damages to
both families because of the deaths. (Fifth Amendment,
others can sometimes vary. Some may agree that the punishment goes with the crime, while
others may argue that there are stipulations that can be enacted due to extenuating circumstances
for the defendant of the crime. In this body of work, the key points involved in the court
determining the lawfulness of the use of force, the fundamental difference between the castle
doctrine and the stand your ground law, the overall role in the double jeopardy clause, the basic
features of the adversarial system and lastly the authors’ opinion in the speedy trial section of the
sixth amendment, if it is necessary or not and the reasons why will be …show more content…
(Wallentine, 2007) Lastly, when
officers feel threatened by the number of suspects or outnumbered by large crowds, for example,
the recent protest in Ferguson, Missouri and across the country, the officers may feel compelled
to use force but in most of the cases across the country, it has not been necessary.
Castle Doctrine v. Stand Your Ground Law
The castle doctrine provides protection against intruders for the homeowners. For
example, if your house is broken into, the law provides protection for the homeowner to use
reasonable force, including deadly force to defend his or her property, person or another. The
Stand Your Ground Law allows an individual to use force in self-defense when there is
reasonable belief of a threat without an obligation to retreat first if the individual (1) has a legal
right to be at the location and (2) is not engaged in an unlawful activity. These two laws provides
an affirmative defense for individuals charged with a criminal homicide. (Randall & DeBoer,
2012) An example of this law is if a criminal trespasser is found attempting to commit arson …show more content…
Double Jeopardy The overall role that double jeopardy plays in criminal proceedings is that it
prevents courts and prosecutors from retrying a defendant due to unfavorable outcome of the trial
(a jury finding the defendant not guilty of murder, for example). The fairness of the double
jeopardy clause to the defendant depends on who you ask. For the defendant it is fair because the
defendant can not be tried again for the crime in question after being found not guilty. In the case
of O.J. Simpson, for example is a bit different. He was found not guilty of the deaths of Nicole
Brown Simpson and Ronald Goldman, he did however was required to pay money damages to
both families because of the deaths. (Fifth Amendment,