It is argued that the Irish approach to the law governing the defense of legitimate force is fractious in nature and inconsistent: Criminal Law Assignment, TCD, Ireland
| University | Trinity College Dublin (TCD) |
| Subject | Criminal Law |
It is argued that the Irish approach to the law governing the defense of legitimate force is fractious in nature and inconsistent. Central to the issue is how does one assess the conduct of the accused? The problem with the Irish approach is that the current law applies two different tests: one statutory for non-fatal cases and another, common law for cases involving homicide.
Critically evaluate the above statement with reference to the laws governing the defense of legitimate force. In your answer please make reference to key case decisions, legislation, and articles on the subject.
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