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A mitigating circumstance. An example would be the defendant is mentally retarded or mentally ill.

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14y ago

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Is the releasing of defendants a good idea?

Of course it is. Defendants are not criminals.


What is the average rate of a crime lawyer?

The rates charged by criminal defense attorneys varies by region of the country, type of crime being defended, and the lawyer's experience and prestige. Some lawyer's will provide pro-bono services to criminal defendants, while others will charge over $500 an hour.


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judge webster thayer


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Which defense contends that the defendant should be not guilty because his or her state of mind negates criminal responsibility?

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.


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Is Factual impossibility a valid defense to the crime of attempt?

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What is crime prevention?

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