Question: What Are The Two Basic Defenses To A Criminal Action?

What are five defenses to criminal conduct?

Types of defensesMental Disorder (Insanity)Automatism.Intoxication.Mistake Of Fact.Necessity/Lesser harm.Lawful Capacity of Office.Self defense.Duress.More items….

What are the two major categories of defense to crimes?

The four categories of criminal defense recognized include alibi, justification, excuse, and procedural defense. An alibi means that the defendant was somewhere else at the time of the crime. When a defendant offers a justification, he or she admits to the wrong but argues that it was necessary to avoid a greater evil.

Is being drunk a mitigating factor?

Public policy plays a strong factor in ascertaining whether the defendant’s intoxication may be used by a defendant to negate the mens rea of a crime. … This is often seen as an aggravating factor rather than a mitigating factor, particularly where the defendant put himself in that position.

Can I see evidence against me before court?

If you’re under investigation but haven’t yet been charged, you don’t generally have a right to see any evidence against you. … You want to figure out the evidence against you and start defending it before you’re accused of a crime. The law, though, doesn’t give you a right to this information.

What are the four Excuse defenses?

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

What is a complete Defence to a criminal charge?

A person may defend a criminal charge by relying on a defence (or combination thereof). A defence (if successful) may either: reduce the offence charged to a lesser offence. provide a complete defence to the charge, which results in the person being acquitted of the offence.

Is necessity a complete Defence?

In almost all cases where a serious crime has taken place, necessity is unlikely to be a successful defence as courts have mostly taken the view that directly harming another person could not be justified even by extreme circumstances unless it directly prevented immediate serious harm or death.

What is the difference between justification and excuse defenses?

Definition of Justification and Excuse A justification defense claims that the defendant’s conduct should be legal rather than criminal because it supports a principle valued by society. A defense based on excuse focuses on the defendant.

What is considered an excuse?

An excuse is an explanation for why something is the way it is, that always involves the blame being put on someone or something that isn’t involved in the conversation, and not able to share their side of the story.

What are the four main categories of criminal defenses?

In criminal cases, there are usually four primary defenses used: innocence, self-defense, insanity, and constitutional violations. Each of these has their uses, and not all cases can use these defense strategies.

Duress. Honest and Reasonable Mistake of Fact. Intoxication. Mental Illness.

What are the defenses to attempt?

Aside from failure of proof defenses to attempt act and intent, two potential defenses to attempt are legal impossibility and voluntary abandonment. Factual impossibility means the defendant cannot complete the crime because the facts are not as the defendant believes them to be.

What are Defences in law?

A defence is used to justify the actions of someone charged with a criminal offence. … If a defence removes one of these elements it will prevent the prosecution from proving their case beyond a reasonable doubt. The defences all have their roots in the common law and some are now set out in legislation.

What is a reasonable excuse in law?

Their own instructions say that “A reasonable excuse is normally an exceptional and unforeseeable event that is beyond the person’s control” – which is tantamount to saying that you have to show that wholly unexpected circumstances made it absolutely impossible to comply with the law. …