A defense comprises of arguments and evidence that is provided by a defendant together with an attorney to claim why a person should not be held accountable for a criminal charge. Legal defense cases are common in the federal courts, and this is a situation where an individual agrees to have committed a crime but in the line of self-defence. An example of a legal defense of focus in the chapter is justifications. Justification as a form of defense is where the defendant admits to having committed an act but provide broad claims on personal condition or evil. The defense is merely recognised in American courts since several people have always associated such justifications to racism where the African Americans are always the victims. The paper discusses the circumstances when justifications are used as a defense in American Courts and some of the barriers to its application.
According to the opinion of the members of the society, a justification promotes the execution or injury of the innocent in society. For example in Florida the court allows an individual to act positively to circumvent a crime through all the means available. When the cases get to the courts, the suspect is not always convicted of a crime even when they claim that it was a form of defense against an evil act (Moodboard, 2018). In the American courts, the victims of justifications have always been charged due to the pressure from the members of the society who even end up destroying property.
Practically the defense has not served its purpose in the American courts due to pressure and threats of murder from the public. The failure of justifications defense in America was attributed to racisms since in most cases the police and other security officers only report killing the African Americans (Graebe & Zureich, 2017). How sincere a justification could be cannot be determined in a court of law, but a jury decides to act by the law. The society after that claims that the court has not served with justice and ends up creating pressure through demonstrations preventing the application of the defense in a court.
Justifications should not be allowed since the police have always misused the law to execute innocent African Americans. Justifications defense cases reported are instances when people chose not to have moral conduct to eliminate criminal liability (Meyerson, 2015). Most courts find it difficult to differentiate between an actual justification and an excuse, and this makes the defense unrealistic on most occasions. Justification defense should not be given priority by a jury when making judgments, but an extensive investigation must be conducted to approve proper conduct.
Generally, the application of justification defense to make a judgment in a court of law has been deemed unworthy. It is coherent that associated conducts cannot easily warrant a criminal sanction and hence it is difficult to differentiate conduct that requires a penalty and the one which does not. Justifications as defenses may be allowed by American courts, but on most occasions, they are not used effectively by a jury. The barriers to its application stem around the concept of racism. The members of society insert pressure to the court to provide justice to the victims. In original situations, the court can choose to use the defense but decides to convict the defendant with an aim to create peace among the members of the society.
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