4.3.23 CHAPTER 8 ASSESSMENT - Defenses

Last updated over 2 years ago
5 questions
Note from the author:
For each situation below, MATCH which defense you think is available to the accused. Para cada situación a continuación, CERILLA qué defensa cree que está disponible para el acusado.
For each situation below, MATCH which defense you think is available to the accused. Para cada situación a continuación, CERILLA qué defensa cree que está disponible para el acusado.
40

MATCH THE FACTS TO THE BEST DEFENSE FOR THE ACCUSED

Draggable itemCorresponding Item
A man has kidnapped a family on vacation. He puts the family in their minivan and holds a gun to the head of the daughter. He pulls up next to 7-11 and instructs the parents to rob the store and not tell anyone about their situation or he will shoot their daughter.
NECESSITY
Traci is hanging out in the park with her sister. A girl approaches Traci's sister and gets in Traci's sister's face, yelling to stay away from her boyfriend. Traci shoves the girl away. The girl comes toward Traci and her sister again. Traci then punches the girl in the face causing her mouth and nose to bleed. The girl files charges for assault against Traci.
SELF DEFENSE
Kelly, who suffers from schizophrenia, drowns her two children in the bathtub and then calls 911 to report what happened. When the police arrive she tells them she was making sure her children would go to heaven. She is arrested for murder.
DURESS
Jaxson is leaving a club on a Saturday night. He has had a few drinks. As he is approaching his car to wait for his friend who is the designated driver to come out of the club, a group of three men approach him and tell him to hand over his wallet and keys. One of the men flashes a knife. Jaxson quickly jumps into his car and drives away. A few blocks away he is stopped for driving under the influence.
INSANITY
10

Read the example, is this a proper use of Deadly Force, True or False?

While walking down the stairs of his house, DuShawn's angry assistant tries to push him and barely misses. DuShawn gets down the stairs and realizes she's chasing him with a knife. She throws the knife at him and cuts his leg. She then picks it up while he's on the ground, and tries to finish him off. DuShawn proceeds to draw his gun, and shoots her in the neck.

AJ was home alone when he heard a loud thump downstairs. In his living room was a short stocky man with a tire iron in his pants, carrying a flat screen tv. AJ screamed, picked up a lamp and threw it at the man, hitting him in the back of the head, knocking him out. A neighbor called the police, when the police arrived, they checked the man and pronounced him dead.
10

What is NJ's rule for Self Defense in your home?

10

Does Castle Doctrine apply in this case?

30

Why or why not does the Castle Doctrine and NJ's rules for Defense of Property & Deadly Force apply in this case? What defenses are available to AJ?- points will be given based on your explanation and use of the IRAC writing method (Issue / Rule / Application / Conclusion)