Legal Defenses Essay

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Legal Defenses Essay

IntroductionThis paper will give brief description on three types of legal defenses and the elements of a crime, how the crime applies to the overall criminal procedure. It also will give a definition to what each element means.Legal Defenses and Their DefinitionA legal defense is one that satisfies all legal requirements of a court case. The three legal defenses I will be describing are insanity, self-defense, and mistake of fact. Insanity-his or her insanity at the time of a crime meant he or she could not rationally form mens rea to commit a criminal act. (Meyer & Grant, 2003) “Being insane at the time of one’s crime is a complete defense to crime. The idea is that the system should not punish people who do not possess mens rea. (Meyer & Grant, 2003) Different country uses the insanity tests. The most common one used is the M’Naqhten Rule, that a person is insane if he or she was doing, or literally did not know it was wrong. Self-defense-his or her actions were meant to protect him or herself from death or serious bodily harm.The victim of an actual or apparent deadly attack may kill another person if it is reasonably necessary to use such force to protect oneself from death or serious bodily harm. (Meyer & Grant, 2003) Self-defense is different from other defenses to crime in that the defendant who claims self-defense is actually asserting that she or he acted appropriately. Mistake of fact- the acts arose from an honest and reasonable mistake, such as accidentally picking up someone else’s umbrella instead of own. Mistake of fact is more akin to innocently switching briefcase at the airport because of being rushed. “Being in aware if or misunderstanding a law is a valid defense only under limited circumstances such as violations of confusing or complicated law like as the tax load. (Meyer & Grant, 2003)Crimes Elements“There are three elements that must be present in order for an act to be labeled a crime”. The three elements are actus reus, mens rea, and the concurrence. Actus Reus- “The Criminal Act” (the physical action of the crime) a person must act, or fail to act as required or expected, to meet the standard for actus reus (criminal act). Example, it is illegal to sell drugs or possess drugs but it is not illegal to be a drug addict. (Pearson CJI) Mens Rea “Guilty mind (intent or knowledge to commit a crime) this element is a key element in establishing that a crime has been committed. The following mental conditions may establish the presence of a guilty mind: 1. Purpose- when someone engages in a behavior or purpose. 2. Knowledge- when a person is practically certain of their actions will cause harm.3. Recklessness- when a person engages in careless or risky behavior that increases the potential for harm; reckless behavior. 4. Negligence- when a person fails to do something that required, or they should have known better to act in a certain way, the behavior was negligent. (Pearson CJI) The Concurrence is the coexistence of acts reus and mens rea. “There must be a substantive relationship between the act and the mindset for a crime to have occurred.” A mean, hurtful, or malicious thought is not enough to establish a crime if no actionThe legal defense satisfies all legal requirements of a court case. Three elements have to have occurred in order for an act to be labeled as a crime. You can’t take a person to court on action that you believe to have happen it must be a physical action, intent or knowledge to commit a crime, or substantive relationship between the act and the mindset for a crime to have occurred.ReferencesCJI InteractiveMeyer, J. F., & Grant, D. R. (2003). The courts in our criminal justice system. Upper Saddle River, NJ: Prentice Hall.