Postby dolfan » September 15th, 2008, 5:38 am
Okay:
1. Defense of crime victim. Chances are the daughter's underage to provide consent. Perhaps he didn't know that the kid was also underage when he started swinging. If he walked in and saw a naked backside, one he'd never seen before, and had already broken swing on him .... Maybe all he knew was that his daughter was doing something sexual, and he reserved his interrogation and factfinding for the point in time after he rescued his minor child from an apparent sexual assault. It goes to his intent in the matter. Subsequent swings may be harder to defend.
2. Heat of passion. Again, same facts, different legal theory. Recklessness, maybe, but not intentional battery. May be good for plea agreement.
3. Jury nullification: The old "he-had-it-comin'" defense. Just try the thing and dare the state to let a jury decide it. Get a daddy or two on the jury, hang it up.
Human government bears the same relation to hell as the church bears to heaven. (David Lipscomb, On Civil Government, 72).