Criminal justice

Running Head : CRIMINAL JUSTICE

Criminal Justice

This aims to present the case of Sam who claims self defense as he is being accused of murdering Joe . According to the defendant 's testimonies , Joe has stalked him several months before the confrontation in a lounge area . Apart from this , Sam claims that Joe has also sent him numerous threats through emails , instant messages , voice messages , as well as through letters

The self defense claim of Sam is based on his civilian right to engage in violence as a way of defending his

life . Although each individual has the constitutional right to defend one 's life , it is still important to note the proportion of the threat that was faced by the defendant . This means that a deadly forced should only be used in an extremely threatening situation . In this case , Sam must prove that the Joe , who is the assailant deliberately tried to physically hurt him (Wallerstein 2005 ,

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The duty of retreat however , must also be applied and considered . This is especially applicable in an abusive situation . This jurisdiction requires a person to retreat as far as he or she can before he or she can justify the use of force or violence against an assailant . Thus this component is also referred to as the duty to retreat to the wall

In the United States constitution , the concept of pre-emptive self defense is considered . This means that self defense or the first blow is committed only in a...