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Criminal Law Test Essay
Criminal Law Test Paper
Good Samaritan laws are those that protect or reduce the liability of individual bystanders and rescuers who offer assistance to incapacitated, ill, or injured people. Some of the reasons these laws have not been enacted in the US are that they are not effective; they are based on morality and not legal principles, and the difficult of proving legal responsibility. Most of these laws are contrary to the principles of law such as tort and criminal law and hence there are difficulties in applying them. Furthermore, the Good Samaritan laws have not been passed in the US because of a lack of common consensus on the effectiveness of these laws.
In a criminal case, the government is required to prove both a bad act and a bad intent to promote justice and ensure that individuals are not held criminally responsible for acts for which they lacked intention. Further, the government is required to prove both actus reus and mens rea because for someone to be held criminally responsible for an act, they must also have the intent to commit the act. That is, there cannot be a criminal act without an accompanying intention to commit that act unless there are intervening circumstances.
Yes, I think individuals should be authorized to hold their ground under all circumstances because this is necessary for their own self-defense. Further, in most cases, the circumstances under which one is compelled to stand their ground are those in which they are faced with danger and hence the need to stand their ground for self-protection. Also, people should be able to stand their ground in all circumstances to help protect and save other people’s lives and property.
Affirmative defenses are those legal defenses that involve a defendant admits guilty or criminal responsibility but claims that there are justifiable or excusable reasons why they committed the crime with which they are charged. Such defenses if successfully pleaded by a defendant in a criminal case serve the purpose of mitigating or defeating the legal consequences of the unlawful conduct by the defendant (William, Blanchard, &Walter 128)..................GET A PLAGIARISM FREE COPY