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Criminal defenses information


In the field of criminal law, there are a variety of conditions that will tend to negate elements of a crime (particularly the intent element), known as defenses. The label may be apt in jurisdictions where the accused may be assigned some burden before a tribunal. However, in many jurisdictions, the entire burden to prove a crime is on the prosecution, which also must prove the absence of these defenses, where implicated. In other words, in many jurisdictions the absence of these so-called defenses is treated as an element of the crime. So-called defenses may provide partial or total refuge from punishment.

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Criminal defenses

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of criminal law, there are a variety of conditions that will tend to negate elements of a crime (particularly the intent element), known as defenses. The...

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Criminal defense lawyer

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the prosecution, defenses, and affirmative defenses; as well as potential sentence and sentencing issues. Early stages of a criminal case may involve...

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Insanity defense

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The insanity defense, also known as the mental disorder defense, is an affirmative defense by excuse in a criminal case, arguing that the defendant is...

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Defense Criminal Investigative Service

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The Defense Criminal Investigative Service (DCIS) is the criminal investigative arm of the Office of Inspector General, U.S. Department of Defense. DCIS...

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Gay panic defense

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"New York bans gay and trans 'panic' defenses". CNN. Retrieved June 30, 2019. "SB2 HD1: Relating to Criminal Defense". 2019. Retrieved June 1, 2019. Ladao...

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Crime

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precisely is a criminal offence is defined by the criminal law of each relevant jurisdiction. While many have a catalogue of crimes called the criminal code, in...

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Age of criminal responsibility

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The age of criminal responsibility is the age below which a child is deemed incapable of having committed a criminal offence. In legal terms, it is referred...

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Affirmative defense

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lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as, in the United...

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Procedural defense

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applications in both criminal law and civil law. Procedural defenses do not settle questions of guilt or innocence in a criminal proceeding, and are independent...

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Criminal procedure

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Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally...

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Criminal law

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Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property...

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Criminal investigation

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Criminal investigation is an applied science that involves the study of facts that are then used to inform criminal trials. A complete criminal investigation...

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Idiot defense

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to falsify the accounts. No major instances of the idiot defense being successful in criminal proceedings have been reported in American jurisprudence...

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Battered woman syndrome

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the use of existing general legal defenses, such as self-defense, provocation or insanity based defenses - defenses which themselves have been subjected...

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Dick DeGuerin

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DeGuerin (born February 16, 1941, in Austin, Texas) is an American criminal defense attorney based in Houston, most notable for defending Tom DeLay, Allen...

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Conviction

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countries including England, Wales, Canada, Australia, and New Zealand. In any criminal justice system, innocent people are sometimes convicted. Appeal mechanisms...

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Impossibility defense

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An impossibility defense is a criminal defense occasionally used when a defendant is accused of a criminal attempt that failed only because the crime...

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Justifiable homicide

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The concept of justifiable homicide in criminal law is a defense to culpable homicide (criminal or negligent homicide). Generally, there is a burden to...

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Duty to retreat

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component which sometimes appears in the criminal defense of self-defense, and which must be addressed if criminal defendants are to prove that their conduct...

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Plea

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other charging instrument. Special pleas in federal criminal cases have been abolished, and defenses formerly raised by special pleas are now raised by...

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Castle doctrine

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Doctrine and "stand-your-ground" laws are affirmative defenses for individuals charged with criminal homicide....The doctrine is not a defined law that can...

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Superior orders

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International Law, 1999. Matthew Lippman: Conundrums of Armed Conflict: Criminal Defenses to Violations of the Humanitarian Law of War pdf, Penn State International...

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Abuse defense

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defenses seek to attribute the criminal act to the society in which the defendant lives rather than his or her own choices; the pornography defense asserts...

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Diminished responsibility

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In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke...

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