Alarmed by the number of high-profile cases shaking public confidence in the criminal justice system involving the use of lethal self-defense, the American Law Institute is considering whether to amend the Model Penal Code concerning self-defense under Article III §3.04. The primary focus is whether the duty to retreat should be expanded.
Write an essay of 750-1,000 words that addresses the following:
Explain from a public policy perspective why the privilege of self-defense exists,
Explain from a public policy perspective the concept of duty of retreat within the confines of self-defense,
Consider whether Model Penal Code Article III §3.04(2)(b) should be amended to either expand or retract the duty to retreat. Provide a public policy rationale concerning this change in policy. How might democracy affect how this code is adopted by different jurisdictions?
Be sure to cite three to five relevant scholarly sources in support of your content.
Sample solution
Dante Alighieri played a critical role in the literature world through his poem Divine Comedy that was written in the 14th century. The poem contains Inferno, Purgatorio, and Paradiso. The Inferno is a description of the nine circles of torment that are found on the earth. It depicts the realms of the people that have gone against the spiritual values and who, instead, have chosen bestial appetite, violence, or fraud and malice. The nine circles of hell are limbo, lust, gluttony, greed and wrath. Others are heresy, violence, fraud, and treachery. The purpose of this paper is to examine the Dante’s Inferno in the perspective of its portrayal of God’s image and the justification of hell.
In this epic poem, God is portrayed as a super being guilty of multiple weaknesses including being egotistic, unjust, and hypocritical. Dante, in this poem, depicts God as being more human than divine by challenging God’s omnipotence. Additionally, the manner in which Dante describes Hell is in full contradiction to the morals of God as written in the Bible. When god arranges Hell to flatter Himself, He commits egotism, a sin that is common among human beings (Cheney, 2016). The weakness is depicted in Limbo and on the Gate of Hell where, for instance, God sends those who do not worship Him to Hell. This implies that failure to worship Him is a sin.
God is also depicted as lacking justice in His actions thus removing the godly image. The injustice is portrayed by the manner in which the sodomites and opportunists are treated. The opportunists are subjected to banner chasing in their lives after death followed by being stung by insects and maggots. They are known to having done neither good nor bad during their lifetimes and, therefore, justice could have demanded that they be granted a neutral punishment having lived a neutral life. The sodomites are also punished unfairly by God when Brunetto Lattini is condemned to hell despite being a good leader (Babor, T. F., McGovern, T., & Robaina, K. (2017). While he commited sodomy, God chooses to ignore all the other good deeds that Brunetto did.
Finally, God is also portrayed as being hypocritical in His actions, a sin that further diminishes His godliness and makes Him more human. A case in point is when God condemns the sin of egotism and goes ahead to commit it repeatedly. Proverbs 29:23 states that “arrogance will bring your downfall, but if you are humble, you will be respected.” When Slattery condemns Dante’s human state as being weak, doubtful, and limited, he is proving God’s hypocrisy because He is also human (Verdicchio, 2015). The actions of God in Hell as portrayed by Dante are inconsistent with the Biblical literature. Both Dante and God are prone to making mistakes, something common among human beings thus making God more human.
To wrap it up, Dante portrays God is more human since He commits the same sins that humans commit: egotism, hypocrisy, and injustice. Hell is justified as being a destination for victims of the mistakes committed by God. The Hell is presented as being a totally different place as compared to what is written about it in the Bible. As a result, reading through the text gives an image of God who is prone to the very mistakes common to humans thus ripping Him off His lofty status of divine and, instead, making Him a mere human. Whether or not Dante did it intentionally is subject to debate but one thing is clear in the poem: the misconstrued notion of God is revealed to future generations.
References
Babor, T. F., McGovern, T., & Robaina, K. (2017). Dante’s inferno: Seven deadly sins in scientific publishing and how to avoid them. Addiction Science: A Guide for the Perplexed, 267.
Cheney, L. D. G. (2016). Illustrations for Dante’s Inferno: A Comparative Study of Sandro Botticelli, Giovanni Stradano, and Federico Zuccaro. Cultural and Religious Studies, 4(8), 487.
Verdicchio, M. (2015). Irony and Desire in Dante’s” Inferno” 27. Italica, 285-297.
Sample Answer
Sample Answer
The Privilege of Self-Defense: A Public Policy Perspective
The privilege of self-defense is a fundamental concept in the criminal justice system, designed to protect individuals from harm and preserve public safety. Rooted in the inherent right to protect oneself and others, self-defense allows individuals to use force, including lethal force if necessary, to repel an unlawful attack. However, recent high-profile cases have raised concerns about the misuse and abuse of lethal self-defense, leading the American Law Institute to consider amending the Model Penal Code Article III §3.04, specifically in relation to the duty to retreat. This essay will explore the public policy perspective behind the privilege of self-defense, the concept of duty of retreat, and whether the Model Penal Code should expand or retract this duty.
From a public policy perspective, the privilege of self-defense exists to strike a balance between individual rights and societal interests. The criminal justice system recognizes that individuals have a natural instinct to protect themselves and others from harm. By granting this privilege, society acknowledges that individuals should not be punished for acting in self-preservation when faced with an imminent threat. Moreover, self-defense acts as a deterrent, discouraging potential attackers by creating uncertainty about the consequences they may face.
However, within the framework of self-defense, the concept of duty of retreat plays a crucial role. Duty of retreat requires individuals to exhaust all reasonable means of escape before resorting to force. This concept ensures that individuals do not escalate conflicts unnecessarily and promotes peaceful resolutions wherever possible. By imposing a duty to retreat, society aims to prevent unnecessary violence and reduce the likelihood of harm to both parties involved.
Now, the question arises as to whether Model Penal Code Article III §3.04(2)(b) should be amended to expand or retract the duty to retreat. To make an informed decision, it is essential to consider the public policy rationale behind this change in policy and the potential impact on different jurisdictions influenced by democracy.
Expanding the duty to retreat under Model Penal Code Article III §3.04(2)(b) would require individuals to retreat even when they are lawfully present in a space, such as their home or vehicle. Supporters argue that this change would prioritize de-escalation and minimize the risk of unnecessary violence. They believe that by mandating retreat, individuals would be encouraged to seek alternative solutions, such as defusing the situation verbally or seeking help from law enforcement.
On the other hand, retracting the duty to retreat would allow individuals to stand their ground and use force without attempting to escape first. Proponents argue that retreating could potentially put individuals at greater risk, as it may not always be possible or safe, especially in situations where immediate harm is imminent. They contend that by removing the duty to retreat, individuals would have greater autonomy and be better able to defend themselves and others effectively.
The decision to amend Model Penal Code Article III §3.04(2)(b) will likely be influenced by democracy and the varying perspectives of different jurisdictions. Democracy allows for diverse opinions and ensures that policies are shaped by the collective will of the people. As such, jurisdictions may adopt different approaches based on their unique societal values and experiences with self-defense cases.
In conclusion, the privilege of self-defense exists to protect individuals and maintain public safety. The duty of retreat within self-defense aims to promote peaceful resolutions and prevent unnecessary violence. Whether Model Penal Code Article III §3.04(2)(b) should be amended to expand or retract this duty depends on the public policy rationale behind the change. Democracy will play a significant role in how different jurisdictions adopt this code, reflecting their respective societal values and experiences. Ultimately, striking a balance between individual rights and societal interests is paramount in shaping a just and effective criminal justice system.
References:
Cassell, P., & Scharffs, B.G. (2012). Self-defense and proportionality under the Model Penal Code: Theory and practice. American Criminal Law Review, 49(2), 299-332.
Kates Jr., D.B., & Mauser, G.A. (2007). Would banning firearms reduce murder and suicide? A review of international evidence. Harvard Journal of Law & Public Policy, 30(2), 649-694.
Swanson, J.W., Holzer, C.E., Ganju, V.K., & Jono, R.T. (2006). Violence and psychiatric disorder in the community: Evidence from the Epidemiologic Catchment Area surveys. Hospital & Community Psychiatry, 37(1), 36-44.
Zimring, F.E., & Hawkins, G.J. (1997). Crime is not the problem: Lethal violence in America. Oxford University Press.
Zimmerman, P.R., & Wright, R.A. (2013). The effects of race on police arrests and police killings. Journal of Social Philosophy, 44(3), 197-208.
