Criminal Defenses

Criminal Defenses

Criminal Defenses

An aggressor (defendant) in New Auburn, WI beat his wife so bad she had to be hospitalized. The wife Stacy, was checked out at the Mayo Clinic before being flown to Eau Claire Hospital. At the Mayo Clinic she had a large hematoma on the right side of her head, which is from consistent trauma. The physician treating her also confirmed that this was consistent with interpersonal violence (Rathbun, 2012). Troy Birkenmeier, 27, called 911 after the incident on June 24 to report that his wife was unconscious and she had a pulse (Rathbun, 2012). That night dispatch received a call from a neighbor reporting that the daughter walked over and said her mother was beaten by her step father. The daughter said to the police that there was screaming and numerous loud thumps from the wood floors. The 15 year old son also heard what was going on and told the police his story. Birkemmeier at one point told the mother “I hope you burn in hell and die” (Rathbun, 2012). Birkenmeier has been charged with aggravated battery and attempted first-degree intentional homicide. Aggravated battery is a felony if the defendant does serious bodily injury (Lippman, 2010, p. 347). First-degree intentional homicide is he had intent to kill, according to police. The police did not say if this was premeditated but confirmed it was an argument that escalated out of control by rage (Rathbun, 2012). I called Troy Birkenmeier, an aggressor as according to our text is an individual who unlawfully started with force and cannot use self defense (Lippman, 2010 p. 219). Therefore, this defense will not be entitled. The only defense he could plea is insanity, or mental disturbance, as this is charged homicide. Although I can see this case just entering a verdict of “not guilty” and the case going to trial with jury. If he did plea insanity he would have psychological testing and the court would want more information of the witnesses (Lippman, 2010).
The question I have is how long...

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