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I will be discussing and describing the three major legal defenses. I will be explaining
self-defense and how to argue this defense in court. As well I would be doing the same for
insanity and provocation.

Self-defense is if a person exerts force against an individual who presents a threat of
imminent bodily harm or death. To argue the perfect self-defense, resulting in a complete
acquittal, the threat must be grave and the responsive force must be proportionate and
reasonable. An argument of imperfect self-defense will not result in a complete acquittal, but
may result in a conviction on a lesser charge. Imperfect self-defense occurs when the actor’s
perception of the threat is actual but not reasonable to diffuse. The same theories apply to a
related defense of others argument.

Insanity is when claiming that a person is not guilty by reason of insanity, the defense is
essentially arguing that due to a mental defect, the individual is not capable of forming the
intent required to prove first-degree premeditated murder. The standard varies from state to
state to establish an insanity defense, but most examine whether the person understands the
criminal nature of his conduct at the time of the offense.

Provocation is not usually a complete defense, but rather (if believed) can reduce a
first-degree murder charge to a manslaughter conviction for an example. Provocation also
undermines proof of intent by arguing that the actor was provoked into a temporary loss of
control and acted in the heat of passion. The provocation must be sufficient enough to disturb a
person of ordinary sensibilities. An example of legally sufficient provocation is when a person
finds his or her spouse in bed with another and immediately picks up a gun and shoots them
both while consumed by rage without time for reflection and thinking rationally.

 

 

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