Affirmative defense examples
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Case Analysis:
Anna and Barbara are pro-life activists who are picketing Dr. Cirona's women's health clinic, where, among others services, legal abortion services can be obtained. They and their group of several hundred activists have picketed Dr. Cirona's clinic for several months, and Dr. Cirona has been doused by red paint, had her car damaged, and received death threats over the phone, as well as by letter to her home address. She has also received a flood of threatening emails. Thus far none of the activists have entered the clinic. Frightened and exhausted by her experiences, Dr. Cirona purchases a small-caliber hand-gun to protect herself. One night, Barbara notes that Dr. Cirona is working late, and enters the waiting room of the clinic after business hours, breaking through the front door. She runs back into the back lab, chanting and shouting. Dr. Cirona is napping on a cot she keeps in her office when she hears the commotion. She gets to her feet groggily, takes her pistol out of her purse, and opens the door between her office and the back lab. Barbara, unarmed, turns suddenly at her appearance, and Dr. Cirona shoots and kills Barbara.
The police arrest Dr. Cirona, and Anna is convinced that as a soldier of God in the war against abortion she is compelled to do something. The very next night, Anna sets the clinic on fire, killing a sanitation worker who is cleaning the lab after hours.
QUESTIONS:
1. What defense(s), if any, can Dr. Cirona raise to the charge of manslaughter?
2. What defense(s), if any, can Anna raise to the charge of arson and manslaughter?
For this problem, please discuss (AFFIRMATIVE DEFENSE)( what areas to investigate, what charge for,what defense to use, analysis, provide rule, analysis based on facts or assume facts, legal reasoning).
Affirmative defense examples if any applies in this case: automatism,alibi, involuntary intoxication, statue of limitations,insanity,entrapment,necessity, duress,resisting unlawful arrest,execution of public duties,self defense or defense of others or property
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Solution Summary
Affirmative defense examples are integrated.
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1. What defense(s), if any, can Dr. Cirona raise to the charge of manslaughter?
Self-Defense:
The first defense that Dr. can raise is that of self-defense. Self-defense is defined by Model Penal Code §8.02 as available when the defendant believes that such force is immediately necessary to protect himself on the present occasion against: (1) death (2) serious bodily injury; (3) forcible rape; and (4) kidnapping.
In this case, Dr. probably can successfully assert this defense b/c it is likely that she believed she needed to shoot Barbara (B) b/c B broke through the office door at night, which indicates some level of physical force. Additionally, B was running and shouting throughout the office, which is at least scary for the Dr. Finally, B turned suddenly, which may have been frightening to Dr. and as a result, she reacted by shooting B.
Additionally, the group had picketed her clinic for months and damaged her car, and threw paint on her. She also received DEATH threats from this group. All these facts go to support the fact that the Dr. was justified in shooting ...
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