Writing Assignment: Term Paper On The Voluntary Act (Term Paper Sample)

Voluntary Act
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Voluntary Act
Voluntary action refers to a crime that is committed out of the sovereign will and conscious choice. Voluntary act asserts that not even a single crime can be committed out of unpleasant thoughts. Voluntary act for which an individual is likely to be held responsible must result from the individual’s conscious thoughts. Actions that are committed with grave indifference but are evidently not as a result of free will are considered voluntary. A criminal offense may take the form of affirmative defense, such as murder crime or even fault-based defenses such as withholding of essential information from the police which could be substantial for a police investigation. Besides, an act cannot be considered to be criminal unless it is voluntary (Einhäuser, 2017).
Affirmative defence
Affirmative defense outlines the reasons as to why the defendant may not suffer the burden of paying for the damages, caused out of an injury situation claimed by the plaintiff. An affirmative defense may be guided by the facts of the situation in question, or, it may arise from the laws driving the case. Some traditional rule-based affirmative defenses include
* The accused claims are pre-empted, which involves the legal right to bring a given case to the court of justice.
* The expiration of the statute of limitations
* In scenarios where the plaintiff has failed to state a given claim
* Cases where the plaintiff have delayed before bringing the claim
* In situations where the case is handled in a wrong venue, given the circumstances, the court has no jurisdiction as far as the case is concerned.
Some of the affirmative defenses are based on the individual facts of the case in question. Such affirmative defenses include;
* The defendant-respondent in self-defence to prevent severe damage.
* The defendant acted to protect its property
* The plaintiff responded even after anticipating the risks of their actions
Affirmative based defenses are in most cases included in the defendant’s response to a complaint (Sarch, 2017).
Fault-based defenses
In fault-based arguments, the defendant is required to thoroughly examine the damage that their actions are likely to cause. By the defendants contemplating their actions, they can learn and are therefore in a position to avoid such actions in the future. In fault-based defenses, different liability forms employ various notions of the blame. In a few cases, there exist completely no need of error proof but its absence (Yang, Hua, Feng & Gong, 2017).
In the case of criminal law, fault based defenses could be used to determine if the accused had criminal intentions during the time when the crime was commi...