In the defensive position, the case arguments should be concentrating on the fact that if Kim would have the intention to kill someone, then she would have restrained from calling the police on the day before the incident occurred. As per the trial evidence, it was observed that she was in front of her apartment but Michael Thomas was in the parking lot area. Michael Thomas was provoking Kim Johnson and trying to jump from the fence to enter the apartment after the police left the scene. She then ran towards the fence with a handed knife to scare Michael Johnson as a defensive action.
However, it was accidentally that the knife got jabbed into Michael Johnson. The action of Kim was unintentional and with the objective to save her from the abuse she jabbed the knife towards Thomas (2Thomson Routers, 2014). Taking the example from the case of “ State vs Koedatich” it can be argued that due to the lack of sufficient evidence, the State Court of Law decided that the judgment of ‘ sentenced to death’ would not be justifiable.
With reference to the above case, it can be stated that Kim Johnson should be released from the punishment of death and life imprisonment as the evidence against her was not appropriate and the actions can be justified under the sub-law of self-defense. The above discussion illustrated the ‘ 1st-degree murder’ case wherein Kim Johnson (the defendant) was charged as a suspect in the murder of Michael Thomas. Various evidence was also shown in for and against Kim Johnson for the conviction of murder. Kim Johnson against the case asserted affirmative self-defense and defense against others.
Thus, it can be comprehended that Kim Johnson as per the US state law can be considered as not guilty. The alleged charges against her can be removed as her actions were justified under the felonies murder rule.
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