Discover published sets by community

An alibi is a defense where the defendant proves they were somewhere else when the crime was committed, thus making it impossible for them to be the perpetrator. It relies on evidence outside of the defendant’s own testimony.

As a subset of intoxication, involuntary intoxication occurs when the defendant was unaware they were consuming intoxicants or were coerced into doing so, negating criminal intent; recognized in common law and statutes.

Deadly force in self-defense is used when the defendant believes deadly force is necessary to prevent death or serious harm to themselves or others. It often requires imminent threat and has legal basis in both statutory and common law.

Involuntary manslaughter is a potential reduced charge in a defense claiming the defendant unintentionally caused death without malice aforethought, such as in cases of criminal negligence or during a lawful act gone wrong.

The insanity defense is based on the principle that punishment is only just if the defendant is capable of controlling their behavior and understanding that their actions are wrong. Legal basis comes from the M'Naghten Rule or the Model Penal Code, depending on jurisdiction.

The necessity defense is used when a crime was committed to prevent a greater harm. It's grounded in the common law notion that lesser harm is preferable to greater harm.

Double jeopardy prevents a defendant from being tried again for the same or similar charges following a legitimate acquittal or conviction. It is constitutionally protected under the Fifth Amendment.

Diminished capacity claims the defendant's mental function was so impaired that they could not form the required criminal intent to be held responsible for their actions. It is a partial defense that may reduce charges.

Supervening illegality is a defense which argues that the defendant's actions became illegal due to a change in the law after the act was committed, therefore, they cannot be held responsible for the crime retroactively.

Provocation is a defense that reduces the severity of a charge if the defendant was provoked into an emotional or irrational state, leading to a crime such as manslaughter instead of murder.

Execution of public duty is a defense for actions taken while performing a legal public duty, such as law enforcement or military actions, and following orders that were presumed legal.

Mistake of fact is a defense that asserts that the defendant had a reasonable, but incorrect, belief about a fact that negates an element of the crime. It is recognized in common law and statute.

Withdrawal is a defense used when the defendant claims to have withdrawn from participating in a crime before it was committed. It requires proof of an attempt to neutralize the crime or to prevent it from occurring.

Abandonment and withdrawal is a defense that argues the defendant decided to abandon their criminal intent and actively prevented the commission of the crime before it happened.

Defense of property allows individuals to use reasonable force to protect their property from being taken or damaged. The basis lies in the common law but is often limited by statute as to not justify deadly force except in particular circumstances.

Entrapment occurs when law enforcement officers induce a person to commit a crime that they otherwise would not have been disposed to commit. It's a defense rooted in the Fifth Amendment's Due Process Clause.

The defense of infancy claims that a defendant is too young to understand the wrongfulness of their actions or to be held criminally responsible. This is regulated by statutory age limits.

Self-defense claims that the defendant was protecting themselves from imminent harm, using reasonable force. The legal basis lies in the common law principle that people have the right to protect themselves from physical harm.

This defense implies that the victim gave voluntary consent to the defendant's actions, making the conduct non-criminal. However, consent is not a defense to serious bodily harm or death.

A mistake of law can sometimes be a defense if the defendant was unaware of the law at the time of the offense. It is rarely accepted, however, as there is a common law presumption that the public knows the law.

The defense of judicial acquittal asserts that the defendant was previously found not guilty by a judge or jury, precluding subsequent prosecution for the same incident under double jeopardy protections.

Intoxication can sometimes serve as a defense to criminal charges if it negates an element of the crime, such as intent. Voluntary intoxication is seldom a complete defense, whereas involuntary intoxication may be. The legal basis for this defense varies by jurisdiction.

Similar to self-defense, this defense is used when the defendant claims they were protecting another person from imminent harm, with reasonable force. It's rooted in common law principles.

Automatism is a defense that argues the defendant was unconscious or experiencing a lack of control over their actions at the time of the crime. It is based on a lack of voluntary action.

Duress is when a defendant argues that they committed a crime because they were forced to do so by someone else's threats or coercion. The legal basis exists within common law and statutes, but it's not a defense to all crimes (e.g., murder).

Consent as a defense argues that the alleged victim gave permission to the defendant to engage in the prohibited act, negating an element of the offense or offering a justification. This defense is limited by the type of crime and jurisdiction.

Heat of passion is a defense that claims the defendant acted in a moment of intense emotional disturbance, which can reduce a murder charge to manslaughter in some jurisdictions.

The statute of limitations defense argues that the prosecution's claim is invalid because the allowed time to bring charges has passed. It's based on statutory time limits.

Immunity can be offered as a defense when the defendant has been granted exemption from prosecution in exchange for cooperation with law enforcement or prosecution. It can be transactional or use immunity, depending on the agreement.