What defenses can be argued?

• Innocence. One of the simplest defenses to criminal liability is the defense of innocence. ...
• Constitutional Violations. ...
• Alibi. ...
• Insanity. ...
• Self-Defense. ...
• Defense-of-Others. ...
• Defense-of-Property. ...
• Involuntary Intoxication.

• Affirmative Defense.
• Coercion and Duress.
• Abandonment and Withdrawal.
• Self-Defense.
• Defense-of-Others.
• Violations of Constitutional Rights.

• Self-defense. Self-defense is used primarily in assault or homicide charges. ...
• Lack of intent. In every felony criminal case, the government must prove that the defendant intended to commit the alleged crime- that it was not a mistake or happenstance. ...
• Entrapment. ...
• Duress. ...
• Mistake.

What are the most common defenses?

What are the 7 procedural defenses?

Some common procedural defenses are entrapment by the government, false confession by witnesses, falsified evidence, denial of a speedy trial, double jeopardy, prosecutorial misconduct, and selective prosecution.

What are the 5 defenses for justification?

The five justification defenses are self-defense, necessity, duress, protecting others from harm, and defending your personal property.

What are the two types of defenses?

The most commonly recognized of these defenses are self-defense and defense of others. A defendant may argue, for instance, that he did shoot an intruder but did so in self-defense because the intruder was threatening him with a knife.

What are the legal defences?

In addition to defenses against prosecution and liability, a defendant may also raise a defense of justification – such as self-defense and defense of others or defense of property. In English law, one could raise the argument of a contramandatum, which was an argument that the plaintiff had no cause for complaint.

What are the six defenses or excuses for legal responsibility?

Excuse defenses include insanity, diminished capacity, duress, mistake, infancy and entrapment.

What are three defenses to crime?

What is a common law defence?

Common law (self defence)

The common law defence of self-defence applies where the defendant uses necessary, reasonable and proportionate force to defend themselves or another from imminent attack. It is a complete defence to all non-sexual offences involving the unlawful use of force (anything from battery to murder).

What is the most common type of criminal defense?

The Most Common Criminal Defense

The prosecution must prove the criminal allegations against an individual in the state of California beyond a reasonable doubt, so in most cases, creating doubt is the primary means of developing a defense strategy. This is known in the courts as the highest standard of proof.

What is a perfect defense?

Definition of Imperfect and Perfect Defenses

If a defense results in an acquittal, it is called a perfect defense. The difference between the two is significant. A defendant who is successful with an imperfect defense is still guilty of a crime; a defendant who is successful with a perfect defense is innocent.

What is defense of duress?

In criminal law, actions may sometimes be excused if the actor is able to establish a defense called duress. The defense can arise when there's a threat or actual use of physical force that drives the defendant—and would've driven a reasonable person—to commit a crime.

What is justifiable defence?

Justifiable defences are those that are provided in circumstances when the accused's actions are legally justified. Such activities are deemed crimes under regular conditions, yet they are regarded as bearable and non-punishable under particular situations.

What are 2 justification defenses?

What are some examples of a procedural defense?

What is an example of procedural defense?

Procedural defenses include things such as entrapment, police fraud, prosecutorial misconduct and denial of a speedy trial. These types of defenses argue that the legal system has failed and the person should therefore be released.

What is the most common argument of a defense attorney?

What is a general defence?

General defences are those which arise from specific characteristics of the defendant or the circumstances of the offence which mean that the prosecution cannot prove all the elements of the offence.

What crime is duress not a defense for?

Duress is generally not a defense to murder, but a few states may reduce the crime to manslaughter. Duress often is not an appropriate defense for murder or other serious crimes. States generally have found that killing someone else to avoid being killed is not a sufficient excuse for homicide.

Is duress a statutory defence?

The defence of duress is available where the defendant was forced to commit a crime. It exists to prevent a person being guilty of crime they would never commit. Duress can be used as a defence for all types of crimes except; Murder, Attempted Murder and Treason.

What is a non exculpatory defense?

Nonexculpatory Defense Generally. Justifications and excuses exculpate. Nonexculpatory defense give a defense not b/c the person is blameless but b/c by forging prosecution or punishment some other important societal interest is thought to be advanced. Non-exculpatory Defenses provided by the constiutiton.