A discussion on criminal liability cases and the noted defenses to each.
Analytical Essay # 105241 |
3,098 words (
approx. 12.4 pages ) |
20 sources |
APA | 2008
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Abstract
The paper begins with an overview of how criminal liability is measured in terms of the degrees and principles surrounding liability. The crux of the paper, however, concentrates on aspects of the legal framework that provide defenses to criminal liability. This analysis is then supported with a theoretical framework and findings from the literature that are used to provide thorough analyses related to defenses to criminal liability.
Outline:
Introduction
Legal Framework of Criminal Liability
Strict Liability and the Defense
Justification of Criminal Conduct
Criminal Liability
Defense
Conclusion
From the Paper
"The criminal liability relationship highlighted within the paper and later presented with examples for defenses to criminal liability is affected by differences related to types of crimes; such as, criminal conduct and true crimes. That is, the degree of liability within the former does not require all of the principles to be upheld while with the latter it is necessary that the corpus delicti rule holds. As such the measures of criminal liability are different across categories and may not be easily quantified in the relationship outlined in the equation specified throughout the paper. An example of the former is a burglary while of the latter its homicide, the difference within these two crimes is a clear indication of why criminal liability is not a trivial issue and why it is not always a direct relationship and how defenses can be formulated within the legal context (Schellenger & Wittmer, 2003, p. 1).
In the general scenario, the degree of liability can be easily established via culpability, capacity, and responsibility along with the five principles highlighted, however the logical structure of criminal liability is not as simple as the formula above highlights but has different scenarios and principles that will affect how the law is quantified or how the degree of criminal liability is measured."
Tags:Defenses, criminal, liability
A paper on the various legal defenses used in American courts.
Essay # 59998 |
1,098 words (
approx. 4.4 pages ) |
1 source |
MLA | 2005
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$ 22.95
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Abstract
This is a paper that goes into the different legal defenses that are brought up in criminal trials. The defenses included in this paper are duress, necessity, infancy, automatism, entrapment, and insanity.
From the Paper
"A defendant may bring the defense of duress up when being prosecuted for a criminal offense, although not very often successful. There are two points that the defendant has to prove in order for this defense to succeed. The first point of this defense can be interpreted by meaning that the force used by the defendant must have been less then, but not greater then, the force which was used or was going to be used upon him. For example, if a person walked up to you on the street and said he was going to punch you in the face, that would not permit you to take out a gun and shoot him, nor would it permit you to take out a knife and stab him. The defense would be applicable though if you used only as much force necessary to subdue him from punching you. If on the other hand a person walked up to you and said he was going to shoot you, and then pulled out a gun, you could in turn shoot him, and have a valid defense. The second important aspect that the defendant must show is that the threat of force or harm must be imminent, meaning that it was happening right at that moment."
Tags:automatism, courts, defenses, duress, entrapment, infancy, insanity, legal, necessity, trials
Looks at various types of criminal defenses that are used in criminal trials to excuse or justification the actions of the accused.
Analytical Essay # 149389 |
1,635 words (
approx. 6.5 pages ) |
4 sources |
APA | 2011
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$ 31.95
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Abstract
This paper stresses that, without the due process rights and the guaranteed adversarial process involved in the criminal justice system, attorneys would not be able to present evidence to the court of the innocence of the defendant. Next, the author relates that factual or legal defenses attempt to prove that it would be impossible for the defendant to have committed the crime. The paper explains that the excuse defenses provide a rationale for having committed the crime; whereas, justification defenses involve admitting guilt but provide a reason why they disobeyed the law are most often used to gain exculpation. Specific examples are included in the paper.
From the Paper
"The excuse defense involves the extenuating circumstances involved with the crime. In other words the criminal defendant committed the crime but their excuse for committing the crime becomes their defense. The excuse defense of duress involves a natural response to a natural threat. Duress occurs when the defendant has been deprived of his or her free will by means of a threat of violence or threat to personal liberty (Matters, 2004). For example in the case of a female bank manager who was kidnapped along with her daughter. Explosive were put around the waist of the bank managers seven years old daughter and the defendant was told unless she robbed the bank her daughter would die. The bank manager did as she was instructed and robbed the bank. The bank manager committed the crime of bank robbery because she had no other choice. In fact she was acting out of duress when she committed the crime of bank robbery.
"Another excuse defense is intoxication. The criminal defendant claims they were not responsible for their criminal actions because they were intoxicated. A criminal defendant will plead not guilty to the charges citing because of their intoxication they are not guilty of the crime. In order to be guilty of a crime the criminal defendant must have the intent to commit the crime or mens rea."
Tags:self-defense, extenuating circumstances, involuntary intoxication, provocation competency
This paper explores the types of criminal defenses generally recognized in the legal system.
Term Paper # 99874 |
1,046 words (
approx. 4.2 pages ) |
8 sources |
APA | 2004
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$ 22.95
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Abstract
The paper explains criminal defense as one of the cornerstones of the American criminal justice system which emphasizes the concept of "innocent until proven guilty." The paper explores the types of criminal defenses generally recognized in the legal system, which include alibis, justifications, excuses and procedural defenses. The paper focuses on defining each category, as well as giving examples as to how they might be used. The paper further explores the misconceptions regarding the laws related to defenses against a criminal charge.
From the Paper
"The first category of defenses is the alibi. According to Schmalleger (2004), an alibi is "A statement by an individual that has been charged with a crime that he or she was so far away or so engaged in provable activities that he or she could not have committed the crime." In essence, the alibi defense is a denial that the individual committed the crime. However, this defense is effective only if there is factual or provable evidence that the alibi is legitimate (Schmalleger, 2004)."
Tags:alibi, denial, justification, innocent, guilty, prosecution
A brief look at the different types of criminal defenses used in the court system.
Term Paper # 147733 |
1,057 words (
approx. 4.2 pages ) |
1 source |
APA | 2011
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$ 22.95
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This paper discusses how, when an attorney is defending a client, he or she has to determine the best defense strategy based on the specific situation of the case. The writer briefly looks at how different defense types include affirmative criminal defense, insanity defense, coercion and duress, abandonment and withdrawal, as well as others.
From the Paper
"Affirmative criminal defense is a legal approach that consists of tactic and theory. In a case the defendant's attorney will attempt to prove the prosecution's evidence as incorrect or false. However, in affirmative defense the attorney will accept parts of the evidence as true. These cases offer counter evidence that proves the client's innocence (Attorneys.com, 2011). A good example of using affirmative defense is first-degree murder. In order to be charged with first-degree murder, the crime has to be premeditated. The counter evidence in this type of case can be an alibi witness (Attorneys.com, 2011). If this witness can testify that the defendant was not at the crime scene and knew the exact whereabouts of him or her while the crime was committed, this could disprove the case. "
Tags:affirmative, insanity, coercion, duress
An overview of the many plant defense mechanisms from structural and metabolic defenses to biotechnology.
Research Paper # 9670 |
2,456 words (
approx. 9.8 pages ) |
14 sources |
MLA | 2002
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$ 44.95
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Abstract
Plants have developed their own unique methods to protect themselves from threats and without these defenses would perish. These defenses range from natural defenses that plants have developed over time such as thorns or waxy leaves to bio-engineered defenses where the plants have molecularly altered defenses. This paper highlights the key plant defense mechanisms including structural, metabolic, defenses against insects, defenses against pathogens and disease resistant genes. It also examines biotechnology including case studies and discusses its future.
From the Paper
"When an insect attacks a plant, the attack signals the plant to produce insect toxins. These toxins may have varying effects on insects. The effects may range from simply repelling inspects to inhibiting the insects development. The compound within plants that signals them to release the toxins is called systemin. Systemin activates two genes that in turn produce proteinase inhibitors. Insects use proteinase to digest proteins. When the plant releases the proteinase inhibitors, it prevents the insect's ability to digest the plant's proteins."
Tags:pathogens, disease, genes, insects, pollutants, metabolic, defenses, environment
This paper discusses the foreclosure procedure in the US, alternatives for homeowners and new laws affecting foreclosure.
Term Paper # 116332 |
2,400 words (
approx. 9.6 pages ) |
9 sources |
APA | 2009
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$ 44.95
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Abstract
In this article, the writer notes that in today's economy, foreclosures are becoming a very common problem facing many Americans throughout the country. The writer first discusses the foreclosure procedures used in the United States and then looks at the different legal options that a homeowner may have when faced with foreclosure as well as the changes to real estate law that have taken place over the past two decades in order to alleviate some of the difficulties caused by home foreclosure. Next, different kinds of foreclosure and possible alternatives to foreclosure are explored. The writer concludes that although some financial experts predict that foreclosure rates will continue to rise for the next two years, it has become a priority of both borrowers and lenders to continue to create ways for homeowners to avoid foreclosure.
Outline:
Types of Foreclosure
Defenses and Alternatives to Foreclosure
Conclusion
From the Paper
"In the past, courts often favored lenders in foreclosure actions and the federal government offered little protection to those homeowners who were faced with foreclosure. However, in the past few years, the tables have started to turn in favor of distressed homeowners. Courts have begun to consider more closely the defenses raised by borrowers in foreclosure actions and lenders have started offering more in the way of workouts, including loan modifications, forbearance agreements, deeds in lieu of foreclosure and short sales. The federal government has also responded to the foreclosure crisis by offering assistance to qualified borrowers through programs that will make mortgage payments more affordable."
Tags:bankruptcy, homeowner, mortgage, loan
This paper explores cnidarians' stings and how they are utilized as a defense.
Descriptive Essay # 109409 |
1,550 words (
approx. 6.2 pages ) |
6 sources |
MLA | 2008
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$ 30.95
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Abstract
The paper discusses the four main groups of cnidarians and their characteristics. The paper focuses on their sting, the danger they pose to humans and the treatment needed for their stings. The paper then discusses how human occupation of coral islands tends to destroy coral reefs, which grow in all the world's oceans. The paper includes a huge amount of source material complete with drawings and photographs.
From the Paper
"Cnidarians are made up of several groups that sometimes are divided into four and sometimes into six categories. Most agree, however, that Anthozoa (corals), Scyphozoa (jellyfish), Cubozoa (box jellies), Hydrozoa (medusae, siphonophores, hydroids, fire corals) and Scyphozoa (true jellyfish) make up the four main groups. Staurozoa (stalked jellyfish) and Polypodiozoa (a single specie: Polypodium hydriforme Ussow, 1885 - a parasite) may be added to the previous four. Their name comes from the Greek word "cnidos," meaning stinging nettle. Cubuozoa jellyfish have also been called "sea wasps.""
Tags:jellyfish, coral, reefs, tentacles, venom, nematocysts
Looks at the M'Naghten Rules on the insanity defense, including diminished responsibility and infancy as presented in English law.
Term Paper # 147669 |
5,885 words (
approx. 23.5 pages ) |
8 sources |
MLA | 2011
$ 84.95
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Abstract
This paper first explains the differences between insanity and automatism when applied to an insanity defense. Next, the author reviews the drawbacks of these defenses in regards to judicial and medical interpretations as well as the role that sentencing plays in the class of the intellectually challenged. The paper evaluates reforms seeking to qualify and to abolish these defenses altogether.
Table of Contents:
Abstract
Main Difference between Insanity and Automatism
Problems Arising from Broad Definitions of Mental Incapacity Defenses
Insanity
The Components of the Defense of Insanity
Disease of the Mind
Defect of Reason
Automatism
Comparison and Contrast of Duress and Necessity
The Constituent Elements
Duress
Necessity
From the Paper
"What constitute a 'disease of the mind' is a legal question and not a medical one. The legal meaning of this term was discussed in the leading case of Sullivan [1984]. In this case, D, who suffered from epilepsy, kicked his friend in the head during an epileptic seizure. At trial, the trial judge ruled that the defense of insanity would be available but not the defense of automatism. D, wishing to avoid the consequences of a plea of insanity, changed his plea to guilty and was convicted, but appealed on the grounds that he should have been able to plead automatism. Lord Diplock took this opportunity to clarify the meaning of 'disease of the mind'."
Tags:automatism, mens rea, actus reus, duress necessity
A critique of Judith Jarvis Thomson's article "A Defense of Abortion".
Article Review # 133678 |
1,500 words (
approx. 6 pages ) |
22 sources |
APA |
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$ 29.95
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Abstract
This essay is a critique of Judith Jarvis Thomson's "A Defense of Abortion," one of the most famous defenses of the right to choose an abortion. The paper outlines how in this article, Thomson posited the famous analogy of a woman awakening to find herself attached to a deathly ill famous violinist, whose only hope of survival is to remain attached to the woman for her kidneys for nine months. The paper notes that Thomson suggests that this is analogous to a woman who has been raped, and from this she develops an argument that there is a right to abortion, limited but still critical. The paper finds this position preferable to the opposing position which is presented in an article that is intellectually dishonest and rhetorically shrill.
From the Paper
"Recognizing that most opposition to abortion stems from an argument that the fetus is a person from the point of conception, Judith Jarvis Thomson (1986) concedes the point, although she feels some dismay that the anti-abortion camp accepts this slippery slope argument with so little serious consideration. (p. 187) However, for the sake of discussion, she is willing to accept this contention for purposes of discussion, if only for those purposes. (p. 188) She then reasons that the anti-abortion argument can be states as: Every person has a right to life. So the fetus has a right to life. No...""
Tags:abortion, rape, freedom