Criminal defense is better understood if the concept of criminal law is understood as well. Criminal law is defined as the body of law which deals with the constitution of offenses and the punishment given to offenders for their wrong doing. Among concept of criminal law‚ there are four important principles that correspond to the subject. The first principle is innocent until proven guilty which is considered the basis of the criminal justice system. Even though that an individual can get charged
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People assume that everyone who commits a crime and pleas insanity is using it as a way to get out of the crime they committed‚ especially murder. What most do not know is how hard it is to actually be convicted of Insanity. When someone is convicted of insanity‚ that also does not mean they are off the hook. Most if not all face a longer sentence then if they did not get convicted of insanity. What exactly does insanity mean? “Insanity is the legal term that refers to a mental disease or defect
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Insanity Defense Due to a malfunction of certain areas within a mentally deficient individual’s brain the Insanity Defense issue should be slightly altered. Reason being is simply because since they are mentally unstable they could possibly not be so cognitive to their actions. However given the fact they are human to a certain degree they have a understanding of the actions being committed. There is not an excuse for murder. There is no excuse for mangling limbs. There is no excuse for death of
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16443 March 21‚ 1921 FACTS: When Leona Laciste endeavored to set fire to the house of Martina Rivera in which 2 children of the latter were sleeping‚ the two women grappled and Leona Laciste was boloed to death by Martina Rivera. As a result‚ a criminal prosecution for murder was initiated in the Court of First Instance on La Union. DECISION OF THE LOWER COURT: Guilty of Homicide. ISSUE: Whether or not Martina Rivera is guilty of homicide. DECISION OF THE APPELLATE COURT: Judgment of
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In order to convict a criminal‚ prosecutors are required to prove guilt beyond a reasonable doubt. The most common criminal defenses fall under two categories‚ excuse and justification. An excuse is when a person admits to committing a criminal act but believes that he or she can’t be held responsible because there was no criminal content. Some excuses used in court today are; mental disorder‚ infancy (age)‚ mistake of fact‚ mistake of law and automatism. In justification defenses‚ the accused admits
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The insanity defense was established so people who commit crimes due to severe mental illness are not responsible for their crimes. Throughout the years the insanity defense has evolved along with the court system but are the mentally ill being treated fairly in the court of law? Changes in the insanity defense laws and the abolishment of the defense is some states have made proving not guilty by reason of insanity nearly impossible. The tougher laws on the insanity defense have put people who
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Many scholars have attempted to explain criminal behaviour by identifying a genetic trait or other biological causes or indicator for criminality (Cullen and Agnew‚ 2011). Ellis and Walsh (2011) argue that while there is not a single “criminal behaviour” genetic trait‚ there are genetic trait that are associated with crime. They further suggest that these traits might provide evolutionary advantages to their holders in some circumstances. For example‚ traits such as deception and cheating would likely
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Criminal Law Outline Justifications of Punishment 1. Consequentialist Theory a. Actions are morally right if and only if they result in desirable outcomes b. Rely on theory of utilitarianism to justify punishment: Forward looking effects of punishment. General deterrence‚ specific deterrence‚ rehabilitation‚ incapacitation 2. Nonconsequentialist Theory c. Actions are morally wrong in themselves‚ regardless of the consequences d. Theory of Retributivism: look back
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Montresor is proven to be innocent by insanity. Fifty years ago‚ a man lost his friend and his mind. To this day‚ he is charged for his losses. At the time of the carnival‚ Montresor was blamed to be the cause of the death of his friend‚ Fortunato. Today‚ my defendant is considered as an insane‚ madman. Therefore‚ he couldn’t have possibly premeditated the murder of his friend‚ Fortunato. First of all‚ ladies and gentlemen‚ Montresor clearly showed his insanity in his confession. Any normal person
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Donald Barthelme’s view on the subject‚ one must explore his personal life‚ his writing style and the types of devices Barthelme uses throughout the story. Through all of this‚ Barthelme presents the idea that all human beings are insane‚ because insanity is portrayed in so many different ways. Donald Barthelme was born on April 7‚ 1931 in Philadelphia‚ Pennsylvania. He lived almost his entire life‚ however‚ in Houston‚ Texas. He worked at the University of Houston‚ the Houston Post and The New
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