Please enable JavaScript.
Coggle requires JavaScript to display documents.
defenses pt 1 (Intoxication (Results of a successful plea of intoxication,…
defenses pt 1
Intoxication
-
-
-
intoxication may only be used as a defense for crimes requiring specific intent , e.g- murder, aggravated assault, break and enter with intent, cannot use this defense if you become intoxicated for "courage"
-
-
Duress/Compulsion
-
Forced to commit a crime because of threats of immediate death or serious injury to yourself or a member of your family
-
-
-
-
Double Jeopardy
-
-
- a) Aufrefois Acquit - Previously acquitted of the crime b) Autrefois Convict - previously convicted of the crime. Results of a successful plea of autrefois acquit/convict: set free
- Kienapple Principle - a person cannot be tried for more than one offence arising from the same cause or mattwe OR -a person cannot be charged with more than one offence if they are basically the same. Results of A successful plea, some charges will be dropped.
- Res Judicata -"there has been an issue and that issue has been decided" - this means evidence from one trial cannot be used at another if the evidence is basically the same. eg. - case of grill - accused of killing his wife & son - found not guilty of killing his wife - put on trial for sons death - since the evidence was basically the same, it was not allowed. Results of successful plea of res judicata - evidence will be disallowed
-
Specific Defenses
Mental Disorder
Says a person cannot be held criminally responsible because a mental disorder has diminished their ability to know the difference between right and wrong
-
-
a person can have a mental disorder, but not necessarily a legal mental disorder
-
-
-
-