Defenses and Excuses and Their Effects on Victims (Essay Sample)
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Defenses and Excuses and Their Effects on Victims
Criminal justice system is deemed as back bone of a civilized society. It holds significant responsibility in providing justice. It is reflection of a society to know that how much justice system is fair to all. A criminal system consists of five components that are law enforcement, prosecution, defense attorneys, courts, and corrections. This treatise will write on the defense and excuses and its effects on victim.
Defense and excuses:
Defense and excuse refers to the condition in which the accused acknowledge that he/she has had committed the crime and plea that he or she is actually not responsible of committing the crime. Commonly six excuse defenses are used and accepted in the court of law (Justia N.d).
1. Duress defense:
Duress also called coercion; it defenses a defendant from all crimes except murder. In the duress, the criminal is required to provide sufficient evidence for the offense committed by him/her is in return of death and bodily harm to him or to a third person.
2. Entrapment defense:
A defense that claims the defendant would not have broken the law if not tricked into doing it by the circumstances and law enforcement officials is called entrapment defense. This is one of the strongest defense that criminal can avail.
3. Ignorance of the law defense:
Ignorance of the law is self explanatory as it states that one does not know about the law. Although ignorance of law is not sufficed justification as it can only be availed by a minor or those who are in the state of diminished mental capacity.
4. Diminished capacity defense:
This one is another defense in the court of law. In the defense the culprit states that he/she is actually going through diminished mental capacity. In most of the cases it may used as justification as well as excuse.
5. Provocation defense:
Provocation is state of mind in which a person loses his/her control on the emotions and anger in response of other’s provocative conduct/action. This is also used as defense in which the offender plea that he/she is provoked to commit such crime.
6. Insanity defense:
Insanity defense also known as mental disorder defense is considered as the definite defense in the court of law. As the defendant plea that he/she is not responsible of his or her action due to mental disorder.
Provide evidence on how successful using any of these defenses or excuses would be and if using them will prevent the accused from going to jail or prison.
Almost all defenses and excuses are useable and could be successful, however case to case basis. It is evidenced that if the nature of case is critical and sometime in normal cases as well the insanity defense considered as the most successful. In most cases it has been witnessed that using insane defense prevents the accused from going to jail or prison.
Example of James Holmes is appropriate to provide here for evidence. James Holmes is the offender in the case in which charges on him are that he walked into the crowded theater and open fire. Seventy people were injured and 12 dead. In this case the defense attorney fights for their client’s life by using insa
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