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Defences Mindmap (Self Defense (Not allowed to use this defense if:…
Defences Mindmap
Self Defense
2 important rules
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2) No set amount of force – depends on if accused believed force was reasonably necessary
eg – Cadwallader – 14 yr-old who shot father 5 times
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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 defense as the killing did not occur during an attack (may have killed abuser while he was sleeping)
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Mental Disorder
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- says a person cannot be held criminally responsible because a mental disorder has diminished their ability to know the difference between right and wrong
- person is presumed to be sane until proven otherwise
- a person can have a mental disorder, but not necessarily a legal mental disorder
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Necessity
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- occurs when a person is forced to act because he/she had no other choice
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AUTOMATISM
results from a factor causing a body to react without conscious effort from the mind. eg – reflex action (driving and get stung by bee)
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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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Provocation
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- says you were so provoked you didn’t know what you were doing
- can only be used if charged with murder
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Duress/Compulsion
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- forced to commit a crime because of threats of immediate death or serious injury to yourself or a member of your family
Threat must be immediate and present, and cannot use this defense if you are the principle offender
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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 (ex: believe consent has been given in assault
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Double Jeopardy
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3 basic areas
Kienapple Principle
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OR, a person cannot be charged with more than one offence that are the same (ex theft and robbery)
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General Defense
Alibi Defence
- lack of mens rea and actus reus
- says the accused was not present at the time of the crime
- accused provides evidence (alibi) proving he/she was somewhere else
Entrapment
Lack of mens rea. Involves the police luring, persuading, harassing, or bribing a person to commit an offence THAT WOULD NOT OTHERWISE HAVE BEEN COMMITED
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