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Defenses against criminal offence (Specific Defenses (Doulbe Jeopardy…
Defenses against criminal offence
Specific Defenses
Mental Disorder
Lack mens rea :
successful plea
Set free
sent to mental institution
stay till sane or finished sentence
Intoxication
Lack of mens rea
Specific intent
Planned and deliberate
Successful plea(only for specific intent)
Lowered to general intent(I.e manslaughter, aggravated assault assault
General intent
Spur of the moment
Provocation
Lack mens rea
Successful plea (only for murder)
Murder reduced to manslaughter
Necessity
Lack of mens rea
Cannot be used for homeless, hunger, human jettison
Successful plea
Set free
Duress/Compulsion
Lack of mens rea
Forced to commit crime, but threat needs to be immediate and present. Doesn't work for violent acts
Successful plea
Set free
Doulbe Jeopardy
Autrefois acquit(previously acquitted of the crime
Successful plea
set free
Autrefois convict(previously conited of crime
Kienapple Prinicple
Successful plea
Some charges dropped
Entrapment
Lack of mens rea
Police are involved in the decision to commit the crime
Set Free
Mistake of Law
Told by a legal official something is legal and then you are charged for it
Set Free
Res Judicata
Evidence cannot be used twice if same
evidence will be dissallowed
Mistake of Fact
Person honestly believed that what they did was legal
Set Free
Automatism
Lack of Actus Reas
Reaction without conscious from the mind
Insane Automatism
Internal Factors
Hardening of the arteries, Tumors, Brain damage
Same as Mental Disorder
Non-Insane Automatism
External Factors
Sleep walking, Stroke, Pneumonia, Emotional Upset, CO poisoning, Physical Blow, Psychological Stress
Set Free
Self defence
Needs to use reasonable force
Cannot use if overreact. provoke, could have avoided situation
Battered Woman Syndrome
Successful plea
Set free
General Offence
Alibi Defence
Lack of Mens rea and Actus Reas
Accused was not there