Jin is taking an evening stroll through the park when he happens upon an altercation between what seems like a husband and wife. He witnesses the wife repeatedly hitting the husband. He intervenes and restrains the wife by shoving her to the ground and restraining her. She breaks free and continues to beat the husband. Jin pepper sprays the wife. She intends to press criminal charges against Jin because her husband actually initiated the altercation and she has bruises all over her body to prove it. Will Jin be held criminally liable?

Question

Jayce Christensen

Social Studies

11 June, 06:57

Jin is taking an evening stroll through the park when he happens upon an altercation between what seems like a husband and wife. He witnesses the wife repeatedly hitting the husband. He intervenes and restrains the wife by shoving her to the ground and restraining her. She breaks free and continues to beat the husband. Jin pepper sprays the wife. She intends to press criminal charges against Jin because her husband actually initiated the altercation and she has bruises all over her body to prove it. Will Jin be held criminally liable?

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Answers (1)

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Ruth Howard · Answer 1

No, providing the jurisdiction follows the objective test

Explanation:

The objective test is aimed at providing evidence of objective nature, Meaning that in order for Jin to be accused the prosecutor has to prove that another reasonable person would not act like him in the same situation.