cannibalism case, law homework help

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Read the article regarding the Armin Meiwes cannibalism case and discuss the problems with the consent defense based on the material in your text. http://news.bbc.co.uk/2/hi/europe/3443293.stm

3-5 pages (single spaced)

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Armin Meiwes Cannibalism Case
Introduction
Armin Meiwes cannibalism case involves an instance where Armin Meiwes was prosecuted for
killing and eating Bernd Juergen Brandes after allegedly having sex with him. After facing
prosecution for the offense, Meiwes admitted to having committed the offense but pointed out
that his action followed a voluntary acceptance from the victim ("BBC NEWS | World | Europe |
Manslaughter verdict for cannibal", 2017). In giving a determination for the case, the court
observed that both individuals i.e. Meiwes and Bernd Juergen suffered from mental impairment.
As such, the court in its wisdom established that the criminal offense by the defendant was not
murdered as it would have been in a typical legal case but instead manslaughter. The assertion
was supported by the fact that both Meiwes and Juergen experienced severe mental challenges
and that each of them was struggling to win the other out. Judge Volker Muetze noted that in the
context of the case and considering the situation in which the event occurred, Meiwes does not
qualify to be a murderer but instead one who did manslaughter. Meiwes's action did not qualify
as a murder but rather manslaughter since it was his behavior which was viewed to be antisocial
and one which is contrary to the societal code of conduct ("BBC NEWS | World | Europe |
Manslaughter verdict for cannibal", 2017).
Consent Defense
In criminal law, consent defense entails the process of establishing that an action that is
perceived to be a crime is indeed not but rather a lawful event. The concept applies in a defeat of
actus reus, where an action previously viewed as unlawful is made to appear lawful. Generally,
in criminal law consent defense is paramount in establishing the motive for a crime and whether
or not the verdict of the case should be severe depending on the magnitude of the offense. In
many instances, criminal defense is faced with much difficulties in establishing their truthfulness
without testimony from the defendant. Here, the defendant fights to make the jury believe that
their actions were not ill-...


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