Defense of justification was used by the defendant in the People v Ceballos case (Casebriefs LLC, 2012). The defendant, Ceballos, wanted to justify that there was a physical evidence of someone breaking into his garage. …
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Thus, he set up a gun trap and unfortunately it killed a neighborhood kid who tried to gain entry. The defendant wanted to prove that the physical evidence he discovered about somebody breaking into his garage could be life threatening. Thus, in order to ward off probable mishaps on his part, it was his justification to protect himself beforehand by setting up a gun to substantially provide him a certain level of security. In the first place, it would be much harder on his part to defend himself, if things might be too late, and especially he did not have any idea on the whole motive or intention of the culprit. Describe how justification and excuse play a role in the case. As stated, the defendant used the defense of justification on the crime he committed against a neighborhood child. As the defendant wanted to justify that he did not commit any crime, but a self-defense instead, defense is very crucial in his case. In as much as possible, the defendant should give substantial or meaningful justifications in order to maximize its defense. The defendant’s excuse is very important in this case. For example, its excuse could be the basis if it could be essentially covered under the ruling of the law regarding the defense of justification. ...
In the case of People v Ceballos case, the defendant was not at home when the incident happened. Thus, under technical definition of the proper use of self-defense in the law, what the defendant initiated as a way to protect himself was unacceptable. He was not at home when the assault happened, and so there was no need to apply self-defense at some point. Tennessee v Garner Explain the nature and types of defenses used in the case and what evidence was used to demonstrate the defense. In the case of Tennessee v Garner, the police officers tried to defend themselves by telling the court they have substantial probable cause to believe that the suspect’s escape could further cause potential harm to others (Casebriefs LLC, 2012). They used the required standard operating procedure, prior to the use of force, a gun that ended up the life of a suspected felon as a final resort. The evidence presented by the officers could prove that they were summoned to arrest a suspected felon. The man did not have any weapon so the police officers commanded him to stop. However, the culprit wanted to escape so the police officers pulled the trigger of the gun, and killed the suspected felon. This case was between the Tennessee police officers and the Garner, the late suspected felon’s family. Describe how justification and excuse play a role in the case. The Tennessee v Garner case is very important because the issue behind it includes whether law enforcement officials have the right to use deadly force in order to prevent unarmed culprit or suspect from escaping (Casebriefs LLC, 2012). Justification is indeed important in this issue in order to fit it within the rule of law: if suspect poses threat of serious
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(People V Ceballos Research Paper Example | Topics and Well Written Essays - 750 Words)
“People V Ceballos Research Paper Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.org/other/1395430-case-law.
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