Select a side ( prosecution or defense) and write a paper arguing for Essay

Select a side ( prosecution or defense) and write a paper arguing for your side based on the facts of the case, the relevant law - Essay Example Most of the evidences presented in the court of law firmly advocated that Ms. Johnson was guilty of killing Michael Thomas. In accordance with the case, it can be viewed that Michael Thomas, a 25 year-old man, was killed from being stabbed once directly in the heart that led to his death. It is further observed that at the time of his death, Michael Thomas was dating Kim Johnson’s sister, Latrice for a couple of years. Furthermore, he used to be violent and abusive at the time when he was drunk. Such acts of Michael Thomas have previously resulted in generating several domestic disputes with Latrice. On the night of the incident of alleged murder, Michael Thomas came to the apartment of Kim and Latrice to meet Latrice. Contextually, Latrice refused to meet him but still Michael Thomas and his friends continued to stroll around the building premise. Eventually, Ms. Johnson came down from her apartment and engaged in a heated argument with Michael Thomas. Moreover, during the ar gument threats were exchanged between the two. Ms. Johnson had a steak knife with her which she brought from her apartment. Subsequently, when Michael Thomas moved down close to the end of the fence and attempted to climb it, Ms. Johnson ran towards him and stabbed the steak knife directly into his heart which eventually caused his death. Thus, it can be affirmed that Ms. Johnson should be penalized for her act of 1st degree murder related to the killing of Michael Thomas. Statement of Law-Explanation of the Relevant Law in the Case 1st degree murder is defined as an act of killing which is both premeditated along with deliberate. In order to penalize an individual as guilty of first degree murder related to the killing of a person, there is a requirement of three basic elements to be considered that include willingness, deliberation along with premeditation and malice. In this similar concern, the term ‘willingness’ in the context of 1st degree murder specifies that th e act of homicide is committed with the intention of ending a human life. Similarly, the terms ‘deliberation’ and ‘premeditation’ is correlated with the conscious intention to kill a person prior to the murder. Furthermore, the law governing 1st degree murder charge asserts that it must have malice. Correspondingly, malice generally includes an evil disposition or purpose which tends to harmfully affect human life (Thomson Reuters, 2013). A law related to the case can be recognized as an affirmative defense. Affirmative defense is a kind of legal defense which is recognized by criminal law. Affirmative defense is categorized into two groups that include: justifications and excuses. In this context, the aspect of justifications aims to argue that the act committed by an individual is not wrong and thus it is quite justifiable under certain given circumstances. Self-defense is categorized as one of the decisive aspects of the justification defense. Self-defen se is determined as any countermeasure which facilitates to defend oneself from harm. Similarly, an excuse defense advocates that even though the act committed by an individual was wrong but there lays certain excuses for the defendant (Croddy & Hayes, 2012). Argument With regard to the case of State v. Kim Johnson, it is found that Kim Johnson fulfills a number of legal criteria that makes her guilty for her act of 1st degree murder related to the killing of Michael Thomas. Contextually, it can be justified that the action of