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Which defense contends that the defendant should be not guilty because his or her state of mind negates criminal responsibility?
Wiki User
∙ 14y ago
The term is called 'mens rea' In order to be convicted of any crime, every 'element' of the crime must be proven by the government beyond a reasonable doubt. So, it depends on what the crime is, and what are the particular elements of the crime alleged. If the alleged crime includes a particular 'state of mind' or 'mens rea', the government would have to prove beyond a reasonable doubt that the defendant possessed the mens rea to commit the alleged offense. An example would be a defendant not being guilty by reason of a mental defect, sometimes called not guilty by reason of insanity. This explains why some defendants are not found guilty or not charged with some crime, and are instead committed to a government mental institution.
Wiki User
∙ 15y ago
Wiki User
∙ 16y agoIt is an elemental defense; attacking the element of intent.The answer is Insanity located on page 133 in the book Introduction to Criminal Justice, Tenth Edition Larry J. Siegel
Wiki User
∙ 11y agoIn the U.S., it would be the insanity defense/defence (or temporary insanity).
Wiki User
∙ 14y agoInsanity
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Evidence that may not be used against a defendant in a criminal trial because it was obtained illegally is an example of the?
exclusionary rule
Why are criminal cases titled in terms of the state against the defendant?
Because defendants in a criminal case have committed a crime not just against a specific victim or victims, but against the State/society in general.
What must be resolve first in a case is it the criminal aspect or the civil aspect?
If there are, in fact, both a criminal and a civil side to the incident, the criminal aspect will be handled first. The "state's" (i.e.: the "people's") interests in prosecuting a crime take precedence over the civil wrong against an individual. (Think the O.J. Simpson case.) Traditionally, the criminal matter will be decided first. This is primarily because proceeding with the civil case can prejudice a criminal defendant's rights. The civil case will wind up stalled because the criminal defendant can refuse to comply with civil discovery by asserting the right to remain silent. Admissions or statements given in a civil case could be employed against the criminal defendant. As a practical matter the civil case cannot proceed until there is a resolution of the criminal matter. For further information see the related links below.
What is a non-credible wittness to a crime?
Someone with a lengthy criminal background may be considered non-credible. Non-credible means the finder of facts (generally the jury) would not believe the witness's testimony. This could be because of a criminal background, a history of deception, or because of his/her own interest in the outcome of the case. For example, if the witness has a relationship with the defendant, his alibi that he was with the defendant at the time that the crime was committed may not be credible.
When will the criminal case not go to trial?
A criminal case will not go to trial if the defendant pleads guilty at a preliminary hearing or if the prosecution decides to discontinue the case (usually because they think the evidence is not strong enough for a reasonable chance of conviction).
Is it the defendant's lawyer's responsibility too ensure that the plaintiff's attorney fulfills their obligation?
The adversarial legal system only works because both sides do their best to advocate their side of the proceeding. The plaintiff in both a civil and a criminal court best serves the public by insuring that all necessary elements of a case are completely and fully proven.
Why does Gideon come to trial without a lawyer?
Because he couldnt afford an attorney to represent him in criminal court. The US Supreme Court ruled that criminal defendants will be provided with a defense attorney at government cost when the defendant cannot afford an attorney.
Why is the criminal justice wedding cake more realistic than a linear model depicting the criminal justice system?
Because the wedding-cake model can show differences in treating various cases depending on specific factors of each situation, such a seriousness of the charge or a defendant's resources.
What case focused on a defendant lack of access to counsel because the defendant was indigent?
Gideon v. Wainwright
When does the defendant have to pay the money to the bondsman?
The defendant has to pay the bondsman because they are getting the person out of jail based on their word or cash they give the courts. As the defendant, you have to pay them back.
What is one to do if plaintiff is lying about the defendant?
Question is unclear, because the term "plaintiff" is used exclusively in a civil law cases, and the term "defendant" is used exclusively in a criminal law casea. Which is it? Actually the only thing that anyone can do is try to bring out the lying factor during testimony. If any attorneys are involved - be sure they know about it also.
What is Request of entry of default?
When a person (the plaintiff) sues someone (the defendant), the defendant gets a certain amount of time to respond to the lawsuit (times vary by state). If the defendant does not respond to the lawsuit within the time period prescribed or does not show up to court on the day he or she is supposed to, the plaintiff will ask for (and the court will usually give) a default judgment. Simply put, the plaintiff wins because the defendant did not make an effort to defend themselves. A request for entry of default is when the time has passed for the defendant to respond to a lawsuit and the plaintiff is asking for a default judgment. This only applies to civil cases, not criminal cases.
