The defendant should be found not guilty on the theory of self-defense. Self-defense is the use of force to protect yourself, your home or property, or the people you care about. Self-defense is acceptable when the necessity is there, the problem exists “right now”, and when it’s for prevention of crimes, such as kidnapping, rape, or robbery. The defendant, Peggy Bundy, used self-defense to protect not only herself, but her two children, from the hands of her lover/abuser, Mr. Jefferson Darcy.
Before the morning of the homicide, Bundy had previously received several beatings from the victim, Mr. Darcy. Darcy was her boyfriend who lived with her and her children. Peggy Bundy was once married with children to Al Bundy, but they are in the process of being divorced, therefore, Darcy instead of Al lives with Peggy and her children. On at least one previous occasion, he had threatened to kill her and her children. Bundy feared for her and her children’s lives and …show more content…
Goetz, Penal Law Section 35.15 sets forth the principles under which a person may use force. Section 35.15(1) of the Penal Law establishes “A person may use physical force upon another person when and to the extent he reasonably believes such to be necessary to defend himself or a third person from what he reasonably believes to be the use of imminent use of unlawful physical force by such other person.” Section 35.15(2) establishes that “A person may not use deadly physical force...unless (a) he reasonably believes that such other person is using or about to use deadly physical force or (b) he reasonably believes that such other person is committing or attempting to commmit a kidnapping, forcible rape, forcible sodomy or robbery.” Considering Darcy was threatening unlawful, imminent force(murder) against Bundy and her children, Bundy reasonably believed if she did not use physical deadly force, either she or her kids, perhaps even both, would be dead at the hands of Mr.
Before the morning of the homicide, Bundy had previously received several beatings from the victim, Mr. Darcy. Darcy was her boyfriend who lived with her and her children. Peggy Bundy was once married with children to Al Bundy, but they are in the process of being divorced, therefore, Darcy instead of Al lives with Peggy and her children. On at least one previous occasion, he had threatened to kill her and her children. Bundy feared for her and her children’s lives and …show more content…
Goetz, Penal Law Section 35.15 sets forth the principles under which a person may use force. Section 35.15(1) of the Penal Law establishes “A person may use physical force upon another person when and to the extent he reasonably believes such to be necessary to defend himself or a third person from what he reasonably believes to be the use of imminent use of unlawful physical force by such other person.” Section 35.15(2) establishes that “A person may not use deadly physical force...unless (a) he reasonably believes that such other person is using or about to use deadly physical force or (b) he reasonably believes that such other person is committing or attempting to commmit a kidnapping, forcible rape, forcible sodomy or robbery.” Considering Darcy was threatening unlawful, imminent force(murder) against Bundy and her children, Bundy reasonably believed if she did not use physical deadly force, either she or her kids, perhaps even both, would be dead at the hands of Mr.