![]() This was so as he was found unable to establish right from wrong. In the case of Daniel M’Naughten 1841, the defendant, M’Naughten was found not guilty by reason of insanity after he killed the then secretary for England’s prime minister. ![]() In fact, many of these pleas result from agreements between opposing attorneys. Furthermore, it is only successful in one quarter of these cases which means that this plea is rarely successful. However, this is not the case as it is used in an approximated one percent of criminal proceedings. ![]() Many assume that insanity defenses are very common. Thus, this defense shows that a criminal was not criminally responsible for his actions despite the fact that the act may have been a crime (Martin, 1998) In other words, this defense is used as a plea by a defendant to suggest that they are innocent as they committed the offense without any mental capacity that would have enabled them to know that they were wrong or that they committed a wrong act. While most states have a form of the “castle doctrine” these laws differ from state to state.Insanity defense is a defense that is used by a defendant asserting that by the time he committed the offense in question, he had a severe mental defect. This law essentially means homeowners who use lethal force within their home, place of business, or automobile may be able to claim self defense in “castle doctrine” states when facing severe bodily harm or death. The “castle doctrine” enforces the belief that a person has the right to be safe and secure inside one’s home or place of business and should not have to retreat from their domain in order to be safe. The case of Trayvon Martin for example, did not fall under a “castle doctrine” because it occurred outside of George Zimmerman’s domain. Known as the “castle doctrine”, castle referring to a person’s domain often including house, office, or automobile, these laws are similar to “stand your ground” policies, but are limited to a person’s property. The following states currently have “duty to retreat” laws in place: ![]() If a person is cornered or physically restrained and facing bodily injury or death, they are then authorized to use whatever force necessary to protect themselves, including deadly force. If the individual is physically incapable of fleeing the situation, the use of deadly force can be considered self defense. A state with a form of a “duty to retreat” policy expects individuals to attempt to retreat from imminent danger by running away or escaping the situation. “Duty to retreat” laws specifically pertain to the use of deadly force. Other states with similar laws include: Illinois, Iowa, Oregon, and Washington. California does not have a specific “stand your ground” law in place, but instead it has the “castle doctrine” which means an individual can use deadly force within their own home if they have a “reasonable fear of imminent peril or great bodily harm”. There are states that have laws similar to “stand your ground” but with significant differences such as California. The following states currently have “stand your ground” laws in place: Some people believe “stand your ground” laws encourage violence and a “shoot first, ask later” mentality. As the above mentioned shooting of teenager Trayvon Martin, there have been many cases where a self defense was used to protect an individual from prosecution for a homicide. The use of lethal force in self defense cases is often a source of controversy. Some still require a “duty to retreat” when it comes to using lethal force. “Stand your ground” laws can differ from state to state. A “stand your ground” law means a person can use force or in some states even deadly force to defend themselves without first attempting to retreat from imminent danger. In many “stand your ground” states a person can avoid trial altogether and be granted immunity from prosecution with a claim of self-defense. Zimmerman was later acquitted of second-degree murder after explaining Florida’s “stand your ground” laws. In that situation, the shooter, George Zimmerman, was a neighborhood watch member who fatally shot unarmed 17-year-old Trayvon Martin. Stand Your Ground Laws:Ĭurrently there are 24 states with “stand your ground” laws in place, including North Carolina and Florida which came under fire in 2012 for the shooting death of Trayvon Martin. There are two main types of self defense laws currently in use across the United States and also the “castle doctrine” which often accompanies a “stand your ground” law to include property. What many people don’t realize is self defense laws are vastly different across the country. Self defense in the sense of the law is defined as: a claim or plea that the use of force or injuring or killing another was necessary in defending one’s own person or other person from physical attack. While this may seem straight forward, a self defense plea is often convoluted.
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