Justified Defense Essay

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If a person being accused of a crime has a legitimate reason for committing the act then justification can be used as a defense in a prosecution for a criminal offense. A person is not criminally liable when their offense is justified. Examples of justification defenses include self-defense, defense of others, defense of necessity, and mistake of fact. Justification defenses are fact-driven that require the jury to decide whether the defendant 's actions were (Davenport, p 244)
Self-defense
A legitimate defense for the use of force to protect oneself from imminent bodily hand or death at the hands of an aggressor is self-defense. It is our right to protect ourselves, innocent people, and their property from harm of other people. (Davenport, p 244). In Moran v. Ohio, a wife asserted that she acted in self-defense, as a result of the repeated and brutal beatings by her husband.
Defense of others. Another Common Law defense used is the defense of others. It is considered justified when otherwise a criminal act is done to save someone other than themselves from harm. For this to apply, no special relationship is necessary between the defendant and the intended victim. This defense is very similar to Self-defense. (Davenport, p 245).
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When a person in good faith relies on an interpretation of law from a person charged with administering the law, it is considered mistake of law. It also can be used if the law recently changes and a person unknowingly follows the guidelines from a government official prior to the law changing. (Davenport, p 250). This defense was used in the case of United States v. Barker, 15 U.S. 395, 395(1817). (1976). Two CIA agents accused of violating with conspiracy to violate the fourth amendment rights of Dr. Fielding by unlawfully entering and searching his office. They stated the defense of mistake of law claiming that a career CIA agent, Howard Hunt, said they were working for an organization about the FBI and

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