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Criminal Defense Strategies
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Entrapment
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.
Self-Defense
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.
Intoxication
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.
Statute of Limitations
Argues that the time limit for prosecuting the offense has passed. Used when a criminal case is initiated after the allowed time period.
Coercion
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.
Diminished Capacity
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.
Mistake of Law
A defense that claims ignorance of the law as an excuse. Rarely successful, as the law assumes the public knows the legal statutes.
Automatism
Defense that suggests a crime was committed while the defendant was not conscious of their actions. Used in rare cases involving involuntary actions.
Abandonment and Withdrawal
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.
Alibi
Evidence that the defendant was somewhere else when the crime was committed. Often used in combination with other evidence to prove innocence.
Affluenza
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.
Mistake of Fact
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.
Insanity Defense
A legal defense based on claims of mental illness or incapacity. Used when a defendant cannot distinguish right from wrong.
Necessity
Argues that a crime was committed out of a need to prevent greater harm. Used in situations where harm was inevitable.
Withdrawing from Conspiracy
A defense for those involved in a conspiracy who can demonstrate they disengaged from the unlawful agreement before the crime was committed.
Double Jeopardy
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.
Justification Defense
Argues that a criminal act was reasonable under the circumstances. Used in cases where actions would typically be unlawful, but were necessary.
Consent
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.
Duress
Claim that the defendant was forced to commit a crime under threat of violence. Used when someone was coerced into criminal behavior.
Incapacity
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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