Reference no: EM133299712

Case: X has been living with Y for over two years. Y has been relentless in insulting X and making X feel "worthless." Y has a terrible temper and has hit X on numerous occasions when X has failed to clean the apartment, make the bed or have dinner on time. X trembles whenever Y tells X that Y is "getting angry." The next step typically is for Y to lash out and to violently hit X. X has fled the home on several occasions although has voluntarily returned each time because X became convinced and fearful that Y would "hunt down" X and force X to return to the home and severely beat X. X seemingly has lost all hope of being able to leave the relationship. Y has not worked for the past two years and has been supported by X who is mentally exhausted and psychologically traumatized. X is too frightened to confront Y, who is physically imposing and intimidates the much smaller X. Y often denigrates X and laughs at X tells X that "you do not have the guts to stand up to me." X prepares an anniversary dinner for the two of them. Y takes one bite of the dinner and throws it on the floor and stalks out of the house and vows that "I will take care of you later. I am going to the bar to watch the Bears game." X fearing for X's safety removes Y's fully loaded firearm from the cabinet and when returns home X kills Y with a single well-aimed shot to the head.
Question: The prosecutor analyzes the facts and charges X as the aggressor with first degree murder. X's lawyer plans to argues that X acted in self-- defense. Explain based on the Norman case what X as a "battered spouse" will argue to establish self-defense? How will the prosecutor respond to this argument? Will X be successful in X's self-defense plea. In answering this question focus on what the defense attorney and prosecutor will argue in regards to whether X or Y is the aggressor and the imminence issue as discussed in the Norman case. Why will the prosecutor in arguing X was the aggressor also rely on the "castle doctrine?" How will the defense attorney respond to this argument?