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Defenses (Provocation (A successful plea (Murder to manslaughter), partial…
Defenses
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Self Defence
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Cannot be used if:
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Provoke the attack (words, blows, gestures)
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Battered Woman Syndrome
occurs when a woman is abused by her partner to the point where she feels the only way out is to kill him
at one time could not use self defence as the killing did not occur during an attack (may have
killed abuser while he was sleeping)
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Automatism
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since the body did not know what the mind was doing, it was not your body that committed the crime
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Mental Disorder
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the accused has a mental disorder that diminishes their ability to know the difference between right and wrong
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Duress/Compulsion
forced to commit a crime because of threats of immediate death or serious injury to you or a family member
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Entrapment
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involves the police luring, inducing, persuading, harassing, or bribing a person to commit an offence that would not
otherwise have been committed
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Mistake of Fact
occurs when a person has an honest belief in the existence of circumstances which, if true, would have
made an act a legal one
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Double Jeopardy
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Basic Areas
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Kienapple Principle
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A person cannot be tried for more than one offence arising from the same cause or matter or a person cannot be tried for more than one offence if they are basically the same
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