Reference no: EM133533462
Consider the following scenario and determine whether Kenneth in the scenario below will be able to use the Self defense or Insanity defense to avoid being charged or convicted
Scenario: Kenneth, a high-functioning 20-year-old male with schizophrenia, works at the local burger joint. When leaving work after a long 10-hour shift he sees a man and woman fighting in the parking lot. The noise and emotion bother him so he covers his ears and changes directions abruptly to walk away.
He bumps his head hard on a sign in the parking lot and sits down immediately with stars in his eyes and his ears ringing. He realizes someone is standing over him and glances up. All he can see is a large figure with their hand raised. As the hand comes down towards him, he panics thinking he is about to be punched. Kenneth screams and raises his arms and pushes back. The man staggers backward and is hit by a vehicle entering the drive-through line. Kenneth begins to cry and can't breathe.
When first responders arrive, Kenneth is curled up in a ball and unable to speak. Kenneth and the injured man are both transported to the hospital. The man hit by the car later dies at the hospital. At the hospital, a nurse hears Kenneth mumbling about aliens trying to abduct him as he cries loudly.
In your initial post):
- discuss whether Kenneth is able to use the self-defense or the insanity defense to avoid being charged or convicted.
- include the definition and significance of self-defense
- choose one of the four tests of the insanity defense to discuss in your discussion
- lay out the definition of the insanity test you will be using in your discussion.