What are the 8 criminal defenses?


  • 1.1 Mental Disorder (Insanity)
  • 1.2 Automatism.
  • 1.3 Intoxication.
  • 1.4 Mistake Of Fact.
  • 1.5 Necessity/Lesser harm.
  • 1.6 Lawful Capacity of Office. 1.6.1 Legal Duty.
  • 1.7 Self defense.
  • 1.8 Duress.

How do you prove mental illness?

Mental illness

  1. A physical exam. Your doctor will try to rule out physical problems that could cause your symptoms.
  2. Lab tests. These may include, for example, a check of your thyroid function or a screening for alcohol and drugs.
  3. A psychological evaluation.

How do I write a Defence statement UK?

The defence case statement must be in writing, signed by the defendant or the defendant’s solicitor and outline:

  1. the nature of the defence of the accused, including any particular defence upon which they intend to rely;
  2. the matters of fact on which the accused takes issue with the prosecution;

What is a positive Defence?

Related Content. A defense based on facts other than those that support the plaintiff’s or government’s claim. A successful affirmative defense excuses the defendant from civil or criminal liability, wholly or partly, even if all the allegations in the complaint are true.

Can depression be used as a Defence?

Depression and Criminal Defence Depression has been used as a basis for an insanity defence. Clinical depression, even when it is non-psychotic may provide enough ground for a legitimate excuse for criminal or otherwise immoral failures to act.

What is a justification defense?

Justification is a defense in a criminal case, by which a defendant who committed the crime as defined, claims they did no wrong, because committing the crime advanced some social interest or vindicated a right of such importance that it outweighs the wrongfulness of the crime.

What is an example of a justification defense?

The five justification defenses are self-defense, necessity, duress, protecting others from harm, and defending your personal property.

What is a defense statement?

: a defendant’s first pleading on an issue of fact in the English High Court of Justice corresponding to the plea in common law and to the answer in equity or under the codes of civil procedure.

How do you write a legal defense?

Effective Criminal Defense Strategies

  1. Step 1: Review arrest and/or investigation details.
  2. Step 2: Retain expert witnesses when necessary.
  3. Step 3: Point out potential unreliability of an eyewitness’ testimony.
  4. Step 4: Prepare the defendant to take the stand.
  5. Step 5: Get evidence against the defendant thrown out of court.

What is negative defense?

A negative defense is an attack on a plaintiff’s prima facie case, a defense that directly contradicts elements of the plaintiff’s claim for relief.

Is being drunk a legal defense?

General and Specific Intent And voluntary intoxication isn’t a defense to general intent crimes in California and throughout most, if not all, of the country.

What is a bare denial Defence?

Having said that, unless you wish to rely upon additional material facts, a bare denial will be sufficient where your instructions are that the client does deny an allegation or does not know whether it is true or not. If your client knows an allegation to be true then it must admit that allegation.

Can a mentally ill person be convicted?

If a person is found to be unable to understand the nature of the proceedings against him or her, or be able to participate and help in his or her defense, that person will be deemed incompetent to be tried, convicted, or sentenced, for as long as the incapacity continues.

How do you start a defense statement?

Elements of a strong defense opening statement in a criminal trial

  1. Tell a story.
  2. Plant the defense themes.
  3. Make concessions only with great caution.
  4. Make the defense case concisely.
  5. Humanize the defendant.
  6. Make no promises about the defendant testifying.
  7. Argue the defendant’s case.
  8. End on a high note.