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what is the legal rationale for accepted legal defenses against or excuses from criminal responsibility?

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15y ago

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In a criminal trial who has the burden of proving criminal defenses?

The Prosecution (the State) presents the case against the defendant. The Defense Attorney has to provide the defenses.


What have been some successful criminal defenses?

Some successful criminal defenses are used by the defense attorney to the accused and some defenses include: insanity, temporary insanity, and the non-guilty plea.


Can the intent requirement has no bearing on the defenses available to the defendant in a criminal trial?

in certain crimes the intent required to be proven determines whether particular defenses are available to the defendant--pg 93 Criminal Law & Procedure, Scheb


What are the three types of substantive defenses?

The three types of substantive defenses in criminal law are justification defenses, excuse defenses, and procedural defenses. Justification defenses argue that the act was necessary to prevent greater harm, such as self-defense. Excuse defenses contend that the defendant lacked the capacity to understand the wrongdoing, such as insanity or duress. Procedural defenses focus on violations of legal procedures or rights that affect the prosecution's case.


What has the author Gerald S Reamey written?

Gerald S. Reamey has written: 'Criminal offenses and defenses in Texas' -- subject(s): Criminal law


What has the author Roger D Groot written?

Roger D. Groot has written: 'Virginia, Criminal Offenses and Defenses in'


Why are the defenses of provocation and diminished responsibility only available for murder?

you should probably let you client know this is where you get legal advice...


Why doesn't everyone who is accused of a criminal act use criminal insanity as a defenses?

Because not everyone is crazy. As an affirmative defense you have to prove that you are. This is difficuit and expensive to do, and juries are, by-and-large, not sympathetic to this defense.


What has the author Marianne Wesson written?

Marianne Wesson has written: 'Crimes and defenses in Colorado' -- subject(s): Defense (Criminal procedure), Criminal law 'Chilling Effect (Lucinda Hayes Mysteries)'


What defence did former Nazis offer at the Nuremberg trials for their actions during the war?

At the Nuremberg trials, some former Nazis offered different defenses for their actions during the war. Some claimed they were just following orders and thus should not be held personally responsible for their actions. Others argued that they were unaware of the extent of the atrocities committed by the Nazi regime. However, these defenses were generally not accepted, and the principle of individual responsibility for war crimes was established.


What does the criminal justice program feature at the Kaplan University School?

The criminal justice program at Kaplan provides a solid overview of the United States justice system, including challenges and core institutions and facilities. Prospective students will learn about criminal culpability, criminal defenses and create a capstone project to cement their knowledge of the program's core objectives.


What defenses can be raised against the enforceability of an otherwise valid contract?

Accepted defenses to the enforcements of contract are dependent on jurisdiction and applicable international laws-conventions. Common defenses in the United States include the Statutes of Fraud and Limitations.

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