In Chapter 8, we explored several of the common elements of the self-defense excuse. The use of self-defense as a legal justification for violence is more complex than one might initially assume. Remember, fear of harm alone is not sufficient for this defense to apply. The complexity of this defense can be applied to Chris Gaither’s confrontation with an intruder.
For this assignment, you should find reliable information on the Chris Gaither case (I have included a YouTube link for your convenience, but you may use alternative sources on the topic instead as long as they are reliable.). After becoming familiar with the case, answer the following items:
Briefly summarize the case.
Identify each of the legal criteria for self-defense identified in your Chapter 8 readings and explain whether Chris Gaither’s situation meets each of these criteria. Be very thorough on each criteria and make sure that you are not omitting any of these criteria from your response.
If Chris Gaither were to be charged in adult court for attempted murder, how successful would a self-defense argument hold up in court? Defend your assertion.
Finally, how might this case be different if held in Georgia? For example, does Georgia use different self-defense standards than Alabama? If so, are we stricter or more lenient? Etc.
Chris Gaither Intrusion: https://www.youtube.com/watch?v=G7OshCHsfJI&t=18s
Georgia Code: https://law.justia.com/codes/georgia/2018/
