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Legal Defenses

Legal Defenses. Accident Mistake and Ignorance. The Defendant committed the harmful act by mistake. Either by ignorance of the Law or by harm by one’s action Generally, ignorance of the law is not a defense. Duress. Person is forced to criminal act Fears for himself or Loved One

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Legal Defenses

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  1. Legal Defenses

  2. Accident Mistake and Ignorance • The Defendant committed the harmful act by mistake. • Either by ignorance of the Law or by harm by one’s action • Generally, ignorance of the law is not a defense

  3. Duress • Person is forced to criminal act • Fears for himself or Loved One • Not effective for a capitol offense

  4. Self Defense • Requires Imminent Peril • Amount of Force is a Consideration

  5. Necessity • Defendant claims that their action was necessary to prevent a greater harm • Was there a safer alternative?

  6. Entrapment • The Action of a Police Officer Inducing a Person to commit a crime not contemplated by that person for the purposes of prosecution • In Whose Mind did the Crime Originate?

  7. Who is Incapable of Committing a Crime? • Children • Idiots • Mistake of Fact • Not Conscious of their actions • Accident • Under Duress • Insane

  8. Insanity

  9. Andrea Yates • Drowned her five children in a bathtub • Treated for depression several times before murdering her children • Insane or Criminal Intent?

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