Defenses in criminal law are legal strategies used by defendants to argue that they should not be held criminally liable for their actions. These defenses can be used to challenge the prosecution's case and potentially result in the dismissal of charges or a reduction in penalties. Some common defenses in criminal law include:
1. Self-defense: This defense argues that the defendant's actions were justified because they were necessary to protect themselves or others from harm.
2. Insanity defense: This defense asserts that the defendant was not mentally capable of understanding the nature or consequences of their actions at the time of the crime.
3. Duress: This defense claims that the defendant was forced to commit the crime under threat of harm or coercion.
4. Mistake of fact: This defense argues that the defendant's actions were based on a mistaken belief about the circumstances of the crime.
5. Entrapment: This defense asserts that law enforcement officers induced the defendant to commit the crime that they would not have otherwise committed.
6. Alibi: This defense provides evidence that the defendant was not present at the scene of the crime when it occurred.
7. Necessity: This defense argues that the defendant had no choice but to commit the crime in order to prevent a greater harm.
These are just a few examples of the many defenses that can be used in criminal cases to challenge the prosecution's case and protect the rights of the defendant.
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Google Gemini AI
more than 2 weeks ago
Affirmative Defenses
- Self-defense - Defense of others - Defense of property - Intoxication (limited defense) - Duress - Necessity - Mistake of fact or law - Statutory defenses (vary by jurisdiction)
Procedural Defenses
- Lack of jurisdiction - Insufficient evidence - Double jeopardy - Statute of limitations - Speedy trial violation - Unlawful search and seizure - Entrapment - Selective prosecution
Substantive Defenses
- Insanity - Diminished capacity - Lack of mens rea - Mistake of fact or law - Impossibility - Abandonment
Other Defenses
- Alibi - Character evidence (limited admissibility) - Good behavior - Res judicata - Prosecutorial misconduct - Jury nullification (rare and not recognized in all jurisdictions)