Types of Criminal Defenses
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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."
Sample of Sources Used:
- Archambault, J. (2001). Overcoming the Consent Defense to Sexual Assault. Journal of Emergency Nursing, 27:204-8. Retrieved August 18, 2011 from www.ndaa.org/pdf/the_voice_vol_1_no_7_06.pdf
- Jacob, J. (2010). Criminal Justice in U.S: The Evolution of U.S. Criminal Law. Retrieved August 18, 2011 from www.schmalleger.com/pubs/evolution.pdf
- Matters, W. (2004). A Justification, Not an Excuse: And Why It Matters. Retrieved August 18, 2011 from www.wings.buffalo.edu/law/bclc/bclrarticles/6/2/westen.pdf
- Weinstock, R. (1999). Drug and Alcohol Intoxication: Mens Rea Defenses. Retrieved August 18, 2011 from http://www.aapl.org/newsletter/N241_mens_rea_defenses.htm
Cite this Analytical Essay:
Types of Criminal Defenses (2011, December 13) Retrieved July 12, 2020, from https://www.academon.com/analytical-essay/types-of-criminal-defenses-149389/
"Types of Criminal Defenses" 13 December 2011. Web. 12 July. 2020. <https://www.academon.com/analytical-essay/types-of-criminal-defenses-149389/>