The lawfulness of the use of force is determined in court on the basis of it being used by a public officer in performing his/her legal duty or a person assisting or acting under the direction of an officer. Another key point is when force is used by a person who is arresting another who has committed a felony and bringing him/her to a competent officer who can receive the person into the custody. Furthermore, it is determined on the basis of the force being used by a person in his/her own defense, or another person aiding the person and in lawfully defending personal property, only if the use of force is necessary.
In addition, the lawfulness is determined on the basis of the force being reasonably used to detain a person who unlawfully …show more content…
An example is someone who is attacked in his yard; the person has an obligation to use force to defend himself and his property at all costs. Stand your ground law is also valid since you have to stand on your feet and defend yourself when there is a possible threat that can harm you outside your home. An example is when you are walking home and you are attacked by robbers, you have an obligation to use force to defend yourself.
Within the trial system, the role of the double jeopardy clause is to ensure that the state and the federal government don’t prosecute a person for the same offense or crime. In addition, it prohibits the imposition of more than one punishment for the same offense. The double jeopardy clause isn’t fair because laws have to make sure that justice prevails (Barry, 2012). If there is new evidence and there is likelihood for a conviction, then there must be a retrial of the person who committed the …show more content…
Constitution as well as those of the states. Although in the federal constitution, there isn’t a precise definition of what speedy imply, many states have laws in place that specify the date and time that the prosecutors have to bring the defendants for trial. In this writer’s view, the right to speedy trial is essential in serving justice to the defendants. The rationale for a speedy trial is that it helps greatly in the avoidance of lengthy imprisonment that is unfounded. It also serves in minimizing the anxiety of having to wait for a case resolution. Furthermore, it protects the defendant’s ability to be able to concretely defend his/her actions with the help of a legal representation against the charges since delay may mean loss of evidence or fading of witness
In addition, the lawfulness is determined on the basis of the force being reasonably used to detain a person who unlawfully …show more content…
An example is someone who is attacked in his yard; the person has an obligation to use force to defend himself and his property at all costs. Stand your ground law is also valid since you have to stand on your feet and defend yourself when there is a possible threat that can harm you outside your home. An example is when you are walking home and you are attacked by robbers, you have an obligation to use force to defend yourself.
Within the trial system, the role of the double jeopardy clause is to ensure that the state and the federal government don’t prosecute a person for the same offense or crime. In addition, it prohibits the imposition of more than one punishment for the same offense. The double jeopardy clause isn’t fair because laws have to make sure that justice prevails (Barry, 2012). If there is new evidence and there is likelihood for a conviction, then there must be a retrial of the person who committed the …show more content…
Constitution as well as those of the states. Although in the federal constitution, there isn’t a precise definition of what speedy imply, many states have laws in place that specify the date and time that the prosecutors have to bring the defendants for trial. In this writer’s view, the right to speedy trial is essential in serving justice to the defendants. The rationale for a speedy trial is that it helps greatly in the avoidance of lengthy imprisonment that is unfounded. It also serves in minimizing the anxiety of having to wait for a case resolution. Furthermore, it protects the defendant’s ability to be able to concretely defend his/her actions with the help of a legal representation against the charges since delay may mean loss of evidence or fading of witness