Problemas
Sarah is accused of murdering her husband., She claims that she killed him after having been severely physically and sexually abused by her husband for years Sarah is most likely using which defense? Insanity Duress Necessity Provocation
Roztwór
Carla
élite · Tutor durante 8 años
4.4
(134 Votos)
Respuesta
D. Provocation
Explicación
## Step 1The problem presents a scenario where Sarah is accused of murdering her husband. She claims that she killed him after being severely physically and sexually abused by him for years. The question asks us to identify the most likely defense that Sarah is using.## Step 2The options provided are: Insanity, Duress, Necessity, and Provocation. We need to understand the meaning of each of these defenses to determine which one fits Sarah's situation best.## Step 3Insanity is a defense that argues that the defendant was not in a state of mind to understand the nature of their actions or distinguish right from wrong at the time of the crime. This does not seem to fit Sarah's situation as she is aware of her actions and the consequences.## Step 4Duress is a defense that argues that the defendant was forced to commit the crime due to threats or violence. This does not seem to fit Sarah's situation as she is not being forced to commit the crime.## Step 5Necessity is a defense that argues that the defendant committed the crime to prevent a greater harm. This does not seem to fit Sarah's situation as she is not committing the crime to prevent a greater harm.## Step 6Provocation is a defense that argues that the defendant was provoked into committing the crime. This seems to fit Sarah's situation as she claims that she killed her husband after being severely physically and sexually abused by him for years.