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Criminal Defense Strategies

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Entrapment

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Argues the defendant was induced by law enforcement to commit a crime they otherwise would not have. Used when it is believed the police created the crime.

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Self-Defense

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Justification for the use of force to protect oneself from an immediate threat. Used when a defendant claims they acted to protect themselves from harm.

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Intoxication

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Claims that the defendant's state due to substance use diminished their responsibility. Generally not a defense to criminality but may impact charges or sentencing.

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Statute of Limitations

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Argues that the time limit for prosecuting the offense has passed. Used when a criminal case is initiated after the allowed time period.

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Coercion

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Similar to duress, this argues that the defendant was compelled to act against their will by the threat of force. Used when there's evidence of being forced into criminal conduct.

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Diminished Capacity

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A plea admitting the act, but seeking to reduce responsibility by showing a lack of understanding or impairment. Often used to mitigate charges or reduce sentences.

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Mistake of Law

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A defense that claims ignorance of the law as an excuse. Rarely successful, as the law assumes the public knows the legal statutes.

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Automatism

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Defense that suggests a crime was committed while the defendant was not conscious of their actions. Used in rare cases involving involuntary actions.

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Abandonment and Withdrawal

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Asserts that the defendant decided to abandon their criminal intent and stopped participating before the crime occurred. Can support innocence if action wasn't taken.

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Alibi

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Evidence that the defendant was somewhere else when the crime was committed. Often used in combination with other evidence to prove innocence.

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Affluenza

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A controversial defense where it is argued that due to a person's wealth or privileged upbringing, they are unable to understand the consequences of their actions.

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Mistake of Fact

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Asserts that a misunderstanding or mistake led to the criminal action. Used when the crime wouldn’t have been committed if the facts were known.

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Insanity Defense

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A legal defense based on claims of mental illness or incapacity. Used when a defendant cannot distinguish right from wrong.

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Necessity

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Argues that a crime was committed out of a need to prevent greater harm. Used in situations where harm was inevitable.

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Withdrawing from Conspiracy

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A defense for those involved in a conspiracy who can demonstrate they disengaged from the unlawful agreement before the crime was committed.

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Double Jeopardy

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The constitutional protection against being tried twice for the same crime. Used when someone faces prosecution again for a crime for which they've been acquitted or convicted.

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Justification Defense

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Argues that a criminal act was reasonable under the circumstances. Used in cases where actions would typically be unlawful, but were necessary.

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Consent

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The assertion that the victim agreed to the defendant's conduct, negating certain elements of a crime. Used primarily in sexual assault or battery cases.

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Duress

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Claim that the defendant was forced to commit a crime under threat of violence. Used when someone was coerced into criminal behavior.

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Incapacity

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Claims that a defendant was legally incapable of committing a crime due to age or mental disability. Children and those with significant mental impairments may use this defense.

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