Cja 354: Criminal Capacity
Criminal Capacity Donald Anderson, Staycee Gibson, Mike Jackson, Kelly Randall CJA/354 August 19, 2014 Lora Terrill
When an individual commits a crime, he or she will automatically begin justifying his or her reasons. The justification or excuse could range from self-defense to a mental illness. In this instance the question remains, is there any reason for the justification or an excuse for one’s criminal actions (K. Randall, Personal Communication, August 16, 2013). Every individual could carry out a criminal act but not the ability in a mental sense to understand the severity of what he or she has done (K. Randall, …show more content…
115). When one has committed an act of violence, he or she naturally wants to justify the reasons. For many who commit a criminal act the best defense is justification. According to the author, some examples of justification can be, “self-defense, necessity, and defense of others (Schmalleger, 2010, pg. 116). Self-defense is when “a person has fundamental right to protect his or her self and that to rationally safeguard oneself from an illegal assault is a natural response when faced with a threatening situation” (Schmalleger, 2010, pg. 119). Necessity is a claim made by the defense, in which, “the defendant believed it was necessary to behave illegally to prohibit or deter a greater damage or injury” (Schmalleger, 2010, pg. 116). The defense of others occurs when one person defends another who appears to be in harm’s way (Schmalleger, 2010, pg. 126). However, as the author states, “defense of others is sometimes called “defense of a third person,” is circumscribed in some jurisdictions by the alter ego rule” (Schmalleger, 2010, pg. 126). The defense of others can be tricky because it does not mean one can intervene in an altercation of one’s friend when that friend started the altercation itself. The alter ego rule is accepted in some jurisdictions but not in others. The alter ego rule, as stated by Schmalleger (2010), is that “some jurisdictions will hold that an individual can solely protect a third party under certain conditions and solely to the degree in which the third party could perform for his or her own benefit” (pg. 126). For example, the state of Texas, based on the Model Penal Code ignores acknowledgement this rule by allowing an individual to defend another person if, “he or she has a rational
When an individual commits a crime, he or she will automatically begin justifying his or her reasons. The justification or excuse could range from self-defense to a mental illness. In this instance the question remains, is there any reason for the justification or an excuse for one’s criminal actions (K. Randall, Personal Communication, August 16, 2013). Every individual could carry out a criminal act but not the ability in a mental sense to understand the severity of what he or she has done (K. Randall, …show more content…
115). When one has committed an act of violence, he or she naturally wants to justify the reasons. For many who commit a criminal act the best defense is justification. According to the author, some examples of justification can be, “self-defense, necessity, and defense of others (Schmalleger, 2010, pg. 116). Self-defense is when “a person has fundamental right to protect his or her self and that to rationally safeguard oneself from an illegal assault is a natural response when faced with a threatening situation” (Schmalleger, 2010, pg. 119). Necessity is a claim made by the defense, in which, “the defendant believed it was necessary to behave illegally to prohibit or deter a greater damage or injury” (Schmalleger, 2010, pg. 116). The defense of others occurs when one person defends another who appears to be in harm’s way (Schmalleger, 2010, pg. 126). However, as the author states, “defense of others is sometimes called “defense of a third person,” is circumscribed in some jurisdictions by the alter ego rule” (Schmalleger, 2010, pg. 126). The defense of others can be tricky because it does not mean one can intervene in an altercation of one’s friend when that friend started the altercation itself. The alter ego rule is accepted in some jurisdictions but not in others. The alter ego rule, as stated by Schmalleger (2010), is that “some jurisdictions will hold that an individual can solely protect a third party under certain conditions and solely to the degree in which the third party could perform for his or her own benefit” (pg. 126). For example, the state of Texas, based on the Model Penal Code ignores acknowledgement this rule by allowing an individual to defend another person if, “he or she has a rational