Would it change your answer if this had happened in a “stand your ground” state?
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Unit 1
https://scholarship.law.gwu.edu/cgi/viewcontent.cg…
Review the article, On pages 8-38 there are specific self-defense elements and examples provided for Florida, England, and Belgium. Review the scenario below taken from the article, and provide a compare and contrast essay, detailing how the case would have been handled in Florida, England, and Belgium under the reformed terms of self-defense in each location.
Tony Martin was a Norfolk farmer who fired his unlicensed shotgun at two would-be burglars during a nighttime break-in in the dark, killing one and wounding the other. He was originally sentenced to life imprisonment for murder, 10 years for attempted murder, and a year for having an unregistered shotgun. On appeal, after much public outrage, the sentence was reduced to five years for manslaughter. The surviving burglar has announced he is suing Martin for civil damages based on the incident.49 Current English law allows a person to use “reasonable force” in defense of the home, according to a 1967 act
Unit 2
Resources needed
Textbook Title: Criminal Law
Edition #: 13th
Author: Thomas J. Gardner; Terry M. Anderson
Publisher: Cengage
The answers to the questions should be thorough to display a complete understanding of the text and be at least 5 sentences. While some questions may seem opinion based, I will be looking for information from the text to confirm your learning.
Was the use of force justified in the following situation? The defendant was awakened around midnight by noise in the hallway of his apartment building. He walked into the hall, where he saw a man loudly knocking at a neighbor’s door. The defendant told the man to leave, and after an exchange of words, the defendant claims the man threw a punch at him. The defendant then struck the man, knocking him down a flight of stairs. At the defendant’s trial for assault he contends he was privileged to use force because the other man was in the defendant’s “castle”. As a result, the defendant contends, he had no duty to retreat. Is the defendant correct? See State v. Devens, 852 N.W.2d 255 (Minn. 2014). Would it change your answer if this had happened in a “stand your ground” state?
-Where should the entrapment line be drawn on government “sting” inducements that persuade the recruited person to commit a crime? For example, suppose a confidential informant (CI) working for the FBI is told to find “disaffected Muslims who might be harboring terrorist designs in the United States”. The CI finds the defendant, a Muslim who is an impoverished, small-time criminal who worked nights at a Walmart store and made about $14,000.00 per year. The defendant undeniably hated Jews and Americans, and professed a wish to die as a martyr. After months of cultivating the relationship, the CI offers the defendant $250,000.00 to fund attacks on an airport and synagogues in New York. The defendant agrees, and recruits a “team” to help him. The CI provides the team with fake bombs and Stinger missiles, and shows the team how to use them. When the team prepares to use them the FBI arrests them and charges them with conspiracy to commit terrorist acts. Have they been entrapped? United State v. Cromitie, 727 F.3d 194 (2nd Cir. 2013), cert denied 135 S. Ct. 53 (2014)
