In the field of criminal law, there are various conditions that will tend to negate the element of evil (especially the intent element ), known as defense . Labels may be appropriate in jurisdictions where defendants may be given some load before the court. However, in many jurisdictions, the entire burden to prove the crime is in the government , which must also prove this defamation, if implied. In other words, in many jurisdictions, the absence of so-called defense is treated as an element of evil. The so-called defense can provide partial or total protection from punishment.
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Mental Disorder (Insanity)
Madness or mental disorder (Australia and Canada), can nullify the intent of any crime, even if it is only related to a crime that has the intent element. Various rules have been advanced to define what, exactly, is a crime of madness. The most common definitions are the lack of an actor's understanding of behavioral violations, or the inability of actors to conform to the law. If a person is successfully declared "innocent by reason of insanity," then the result is often a mental hospital treatment, although some jurisdictions provide the punishment authority with flexibility. As outlined further in the articles available online.
Automatism
Automatism is a state in which the muscle acts without control by the mind, or with a lack of awareness. A person may suddenly fall ill, into a dream like circumstance as a result of post traumatic stress, or even "attacked by a swarm of bees" and into an automatic spell. However, to be classed as "automaton" means there must be total destruction of voluntary control, which excludes losing some awareness as a result of driving too long. Where the onset of losing control of the body is reprehensible, for example, the result of voluntary drug use, it may be defense only for a crime of a particular purpose.
Intoxication
In some jurisdictions, poisoning can negate certain intentions, certain types of mens rea that only apply to some crimes. For example, the lack of special intentions can reduce the killing of premeditated killings. Voluntary poisoning but will often provide basic intent, for example, the intent required for killing. On the other hand, unconsciously poisoning, for example with an unexpectedly spiked blow with alcohol, may give rise to no conclusions from basic intentions.
Actually, it can be said that intoxication is not a defense, but a rejection of mens rea ; the main difference is that defense receives the mens rea and actus reus of a present violation. With intoxication, there is no acceptance of the offense. For violation of basic intent, the act itself is criminalized. All it takes is the intention to take action. It can therefore be concluded that such intentions are relatively easy; when a drunk is not a robot - there is still control over one's actions. Therefore, poisoning will rarely (if ever) resist the mens rea crime of basic intent. With some intent, the character of the action is criminalized, because the act itself is often objectively innocent. The designation of an item is completely innocent, but when one intends to permanently deprive its owner, there is theft. This is much more difficult to prove beyond a reasonable doubt, because a drunk person can control his actions but often has no understanding of what is being done - without this understanding the required intentions can not be proven. Therefore, while it is tempting to think of poisoning as a defense, it is more accurate to see it as a rejection of mens rea of an offense - where mens rea or actus reus is not proven, no defense is required.
Error Fact
"I make mistakes" is a defense in some jurisdictions if the fault is factual and original. Defense is most often used in conjunction with other defenses, where the error causes the defendant to believe that their actions can be justified under the second defense. For example, the alleged assault on a police officer may be negated by an actual (and probably reasonable) error that the person who was attacked by the defendant was a criminal and not an officer, thereby enabling the defense of the use of force to prevent violence. crime (generally part of one's self-defense/self-defense).
Necessity/Lesser harm
A thorough criminal defense theory is a doctrine of need. In general, criminal acts may be justified if necessary to prevent a predictable and greater loss than the harm caused by such action. For example, unauthorized entry is generally justified if the defendant only violates the limit in order to, for example, instantly attempt to extinguish a fire on the property, or rescue a person drowning in a pool on the property. The destruction or deaths caused by following the law and not entering without permission will be much greater than the damage caused by unauthorized entry. Likewise, most laws prohibiting the release of firearms in public places contain exceptions for emergency or defensive use. Needs generally form the basis for many other defenses and their support, such as position capacity, legal duties, and self-defense.
Legitimate Office Capacity
This defense is generally available to civil servants and first responders, such as police officers, firefighters, EMTs, etc. It usually protects the first responders from responsibility for criminal acts that must be done by first responders as agents who are removed from jurisdiction in the course and scope of their duties. For example, a paramedic who forcibly enters a house or building to answer an emergency call can not be charged with breaking and entering. A judge who punishes a man to die for a crime can not be charged with attempted murder if the convicted person is later released. Such protection is generally limited to the action required in the course and scope of work, and it does not preclude omissions or malicious intent.
Legal Task
This "legitimate office capacity" defense can also apply to civilians who do not have such a position, but the assistance is requested by someone who does so, like a police officer. Someone who witnessed a criminal being chased by a policeman who shouted "stop the man!", And requires injury to a criminal, can not be charged with an attack or charged with personal injury. The Law "Good Samaritan" generally provides immunity in civil and criminal proceedings to persons who, in good faith, cause injury while trying to help a person in distress, protecting those people even in cases where greater damage is generated of action than would otherwise be the case..
Self-defense
Self-defense is, in general, some of the sensible actions to protect themselves. The action taken to defend itself is often not a crime at all; no penalty will be imposed. To be eligible, every defense force must be comparable to the threat. The use of firearms in response to non-deadly threats is a typical example of disproportionate power; however, such decisions depend on the prevailing situation and law, and thus the situation of the instance may in some circumstances be preserved, Generally because of the modified assumptions intended to prevent the unfair negation of this defense by the facts trier.
Duress
People who are "under pressure" are forced to commit unlawful acts. Duress can be a defense in many jurisdictions, though not for the most serious murder crimes, attempted murder, being an accessory for murder and in many countries, treason. Coercion should involve the threat of death or serious injury, operating in the mind of the defendant and controlling his will. Threats to a third person can qualify. The defendant must reasonably believe in the threat, and there is no defense if "a reasonable conscientious person, sharing the characteristics of the accused" will respond differently. Age, pregnancy, physical disability, mental illness, sexuality have been considered, although basic intelligence has been rejected as a criterion.
The defendant does not have to leave the safe way to escape. Coercion is definitely an order to do something specific, so one can not be threatened with the dangers of paying money and then choose to rob a bank to pay it back. If a person places himself in a position where they can be threatened, coercion may not be a viable defense.
Defense impossible
An unlikely defense is a criminal defense that is sometimes used when a defendant is charged with a criminal trial that fails only because the crime is factually or legally impossible.
Maps Criminal defenses
See also
- Liability
- Criminal law
Note
Source of the article : Wikipedia
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