What factors did the court consider in determining

Reference no: EM133493280

Discussion Post: Criminal Law

Part A

What is the difference between justifications and excuses?

Find and locate one criminal case which used a unique or unusual criminal defense, for example Battered Spouse Syndrome, PMS defense, Affluence defense, "Roid rage" defense, PTSD, Twinkie Defense, to name a few. Explain the ideology behind the defense.

Part B

Key Concepts: Attempt: substantial steps, self-defense, stand your ground laws.

Capstone Cases: Tennessee v. Reeves, United States v. Gladish, United States v. Thomas, State of Florida v. George Zimmerman

Homework

In a narrative format for the Complete section, construct one essay which addresses the following points: The minimum requirements for Completes are four scholarly sources including at least one peer reviewed journal article (one published within the last seven years). Your essay must contain a minimum of 1500 words of substantive content, not including the references section. All citations must be listed in correct APA 7th edition format and all other relevant APA rules must be observed.

The narrative essay should clearly define the key concepts of Attempt: substantial steps, self-defense, and stand your ground laws and will apply these principles to the Capstone cases of Tennessee v. Reeves, United States v. Gladish, United States v. Thomas, and State of Florida v. George Zimmerman. Your response will include the overview of the cases and will also need to address each question or statement listed below in an essay format.

Question 1. In the Capstone Case of Tennessee v. Reeves, Tracie Reeves and Molly Coffman, both twelve years of age and students at West Carroll Middle School, spoke on the telephone and decided to kill their homeroom teacher, Janice Geiger. The girls agreed that Coffman would bring rat poison to school the following day so that it could be placed in Geiger's drink. The girls also agreed that they would thereafter steal Geiger's car and drive to the Smoky Mountains. Reeves then contacted Dean Foutch, a local high school student, informed him of the plan, and asked him to drive Geiger's car. Foutch refused this request. Reeves and Coffman were found to be delinquent by a Juvenile Court based on a conviction of attempt to commit second-degree murder. The question is whether the students engaged in enough activity to constitute an attempt offense. Did you find enough evidence that the girls had taken a substantial step toward the commission of a targeted offense?

Question 2. What test does the court establish for Tennessee to determine if a substantial step has been taken?

Question 3. Do you find that the court, in using common law rules of construction, modifies the legislative enactment of the attempt statute?

Question 4. Read and compare the court's opinion in United States v. Gladish, 536 F.3d 646 (7th Cir. 2008), involving an alleged attempt to have sexual conduct with a minor. What factors did the court consider in determining whether Gladish engaged in a substantial step toward sexual activity with a minor?

Question 5. In the Capstone Case of United States v. Thomas, On October 30th, 1990, Wallie Howard, a Syracuse police officer working undercover for the Federal Drug Enforcement Administration (DEA), was shot and killed during a cocaine "buy-bust" taking place in the parking lot of "Mario's Big M Market" in Syracuse. The defendants charged with Officer Howard's death tried to assert a self-defense claim at trial, but the court refused this request. Lawrence fired at Agent Howard and killed him after Howard had already drawn his weapon and fired. Why was Lawrence unable to claim self-defense in the shooting?

Question 6. In this case, the U. S. Court of Appeals for the Second Circuit said: "It has long been accepted that one cannot support a claim of self-defense by a self-generated necessity to kill." What is the logic behind this principle?

Question 7. Do you agree with it?

Question 8. How does this case compare to the jury verdict in State of Florida v. George Zimmerman (aka the Travon Martin case)?

Question 9. Determine whether your home state has a "stand-your-ground" law that allows defendants to assert self-defense in cases where they might have been able to safely avoid a confrontation. If your state does not have such a law, locate the stand-your-ground law in Florida. After reading the law, identify the elements a criminal defendant must meet in order to successfully present a stand-your-ground defense.

Reference no: EM133493280

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