Criminal Defenses and Criminal Punishments

This article discusses the lawfulness of the use of force, castle doctrines, stand your ground types of criminal defenses, double jeopardy clause, and the adversarial system in criminal law. It also justifies the validity of each point and argues for or against the right to speedy trial. The subject is criminal law, and the course code, name, and college/university are not mentioned.

Running head: CRIMINAL DEFENSES AND CRIMINAL PUNISHMENTS 1
Criminal Defenses and Criminal Punishments
Name
Institution

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CRIMINAL DEFENSES AND CRIMINAL PUNISHMENTS
How the court determines the lawfulness of the use of force and the level of objectivity in
each point
Law enforcement officers are permitted to use power to accomplish specific objectives by
the court. This is when they want to arrest someone or issue a warrant to the public. Incase the
police officer used force there are questions he will be asked by the lawyers to see whether he
abused the power of force or he used it rightly . the use of force is seen in these scenarios that is
what is the crime committed by the suspect , did the suspect resist arrest or was tempting to run
away from the arrest or was the suspect a threat maybe was the suspect armed or had excess
power that was used against the police officers. The police officers have been given the authority
to use as much force as they require during the time of arrest in the crime (Gray, 2018).
The level of objectivity inherent in the use of power and energy when the suspect is a
threat maybe the suspect is armed, and he is a threat to the public and the police officer himself.
This is where the police officers have to use a lot of excessive force to protect the public and him
from being harmed by the suspect.
The strict business to refuse or try to flee from being arrested, in this case, the police
officer has to use force so that the criminal is incapable of running away and he is upheld to face
justice in the crime the suspect has committed in this case they ensure that the suspect is arrested
and is charged according to the court of law (McClellan & Tekin, 2016).
How severe is the offence that the suspect has committed? Some crimes tend to cause
danger or alarming to the public, and the police officers are given authority by the law to use
force so that they can reduce the significant impact from the victim during the arrest.

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Determine the fundamental difference between the castle doctrines and stand your ground
types of criminal defences and you justify your validity
The castle doctrine is when one self-defense or self protect himself inside his home and
house. You either protecting your family or your home that is in danger . Anyone is allowed to
use force against the assaulter and the court of law will protect you since you harmed the
assaulter for self-defense. While standing your ground types is when you defend yourself outside
your home, this is maybe out their publicly where you have to use force from the assaulter, and
you are allowed to use extreme force even that can cause death to the assaulter (Kelsen, 2017).
The justification for the castle doctrine is to protect yourself when you are in danger, or
your family is in danger while the stand your ground is when someone becomes a threat to you
and you has to use force to protect yourself from danger and or him harming you (Chamlin &
Krajewski, 2016).
An example of self-doctrine is when robbers come to your home place, and then you
attack them using a gun or sprays. Stand your ground is when you are in the street and someone
points you with a penknife in case you are armed you can either remove your pocketknife or stab
him, in this two scenarios the court will give you protection since you did the harm due to self-
defense and self-protection. (McClellan & Tekin, 2016).
The role of that double jeopardy clause plays within the trial system, and the level of
fairness give a rationale
According to the Fifth Amendment is that not anyone or persons shall be subject for the
same offence or crime be twice put in danger, this is when one is retried after either
acquaintance, conviction mistrial or given double punishments, fraud or non-final judgements
(Neubauer & Fradella, 2018).

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This is when one is believed to do lesser crime or a more significant crime the court will
need evidence to ensure it is true he committed both crimes, when a suspect harmed many
individuals this is one crime and all justices should be done at the same time
The role of double jeopardy clause is to give protection to the defendant who was
acquitted of criminal charges from facing other trials for the same crime that he committed
This double jeopardy is very fair to the defendant, and very important that is a defendant
cannot undergo many prosecutions for the same offence or one crime and the court of law gives
them protection and the other assault needs to prove enough evidence to ensure the defendant
committed the crime. This helps to reduce corruption and the defendant to face justice.
Features of the adversarial system. Support or critique the value of adversarial system
within the criminal law system justify you answer
This system is used in the common law where two advocates present either the defendant
or the accuser with evidence, and the judge listens to their argument and passes the judgement
accordingly. Features of an adversarial system
1. All evidence must be relevant and should be proved, and the rules must be followed when
giving the evidences
2. If the accused persons give a confession, the court will grant their convict without trial
3. Both the accuser and the defendant have the right to legal representation in the court
4. Proof should be considered when the defendant maintains that he/she is innocent while the
accuser gives correct allegations (Chamlin & Krajewski, 2016)
5. It allows the defendant and the accuser to settle their issues privately and outside the court
without interference

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6. Judges are impartial in ensuring fairness in the process and the judgement they make, they
should only consider the evidence and the procedures taken by the crime
7. An accused is not necessarily required to give evidence, but when they testify they should
undergo cross-examinations to prove they are guilty (Findley, 2016).
The adversarial system ensures that the legal actions and procedures are followed, this is
by giving both the accuser and the defendant advocates to give their statement, provide evidence
and what methods they have observed and they can also be objected to unnecessarily issues by
the judges. During revealing these statements, the truth can be told and also enables the judges to
give the correct jury to ensure that there is justice in the case presented
Argue for or against the right to speedy trial, as guaranteed by the sixth amendment to the
U.S constitution
The sixth amendment to the U.S constitution says that one has a right to speedy trial and
has much importance in the justice system. I support the introduction of the speed amendment in
the law since it has the following significance
1. Helps the defendant to receive a fair trial because it makes the offenders feel that
they committed a crime and agreed to it
2. A case if first tracked this is the prosecution will have less time to search for
evidence, locate witnesses and the forensic science to be done
3. It helps to eliminate the termination of them, and the witnesses’ get to reveal their
stories without any threat since they know the action will be taken as soon as possible

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4. It saves time on the court and also the defendant and the accuser since the case is
handled as fast as possible
5. It helps the defendant to heal quickly this is because due to justice did the memory of
the crime where it took place fades first
6. It helps the accuser to prepare for the case trial this is an instance where the
defendant will not have much time to make the defence this is by collecting the evidences,
looking for witnesses and also the time for forensic science/ the accuser may claim to be
innocent and be scot-free due to lack of evidence (Skiba, 2016).

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References
Chamlin, M. B., & Krajewski, A. E. (2016). Use of Force and Home Safety: An Impact
Assessment of Oklahoma’s Stand Your Ground Law. Deviant Behavior, 37(3), 237-245.
Findley, K. A. (2016). Innocence found: The new revolution in American criminal justice.
In Controversies in innocence cases in America (pp. 23-40). Routledge.
Gray, C. (2018). International law and the use of force. Oxford University Press.
Kelsen, H. (2017). General theory of law and state. Routledge.
McClellan, C., & Tekin, E. (2016). Stand your ground laws, homicides, and injuries. Journal of
human resources, 0613-5723R2.
Neubauer, D. W., & Fradella, H. F. (2015). America's courts and the criminal justice system.
Cengage Learning.
Neubauer, D. W., & Fradella, H. F. (2018). America's courts and the criminal justice system.
Cengage Learning.
Scalia, A. (2018). A matter of interpretation: Federal courts and the law: Federal courts and the
law. Princeton University Press.
Skiba, R. (2016). Returning to the Roots of the Castle Doctrine: Why Recent Stand Your Ground
Laws Are in Line with the Natural Law. S. Region Black Students Ass'n LJ, 10, 71.