Question

What defenses can be raised to avoid liability for criminal acts?

Answer 1

In the field of criminal law, there are a variety of conditions that will tend to negate elements of a crime (particularly the intent element), known as defenses. The label may be apt in jurisdictions where the accused may be assigned some burden before a tribunal. However, in many jurisdictions, the entire burden to prove a crime is on the prosecution, which also must prove the absence of these defenses, where implicated. In other words, in many jurisdictions, the absence of these so-called defenses is treated as an element of the crime. So-called defenses may provide partial or total refuge from punishment.

A variety of rules have been advanced to define what, precisely, constitutes criminal insanity. The most common definitions involve either an actor's lack of understanding of the wrongfulness of the offending conduct or the actor's inability to conform conduct to the law. If one succeeds in being declared "not guilty by reason of insanity," then the result frequently is treatment in a mental hospital, although some jurisdictions provide the sentencing authority with flexibility.

Automatism is a state where the muscles act without any control by the mind, or with a lack of consciousness. One may suddenly fall ill, into a dream-like state as a result of post-traumatic stress, or even be "attacked by a swarm of bees" and go into an automatic spell. However, to be classed as an "automaton" means there must have been total destruction of voluntary control, which does not include a partial loss of consciousness as the result of driving for too long. Where the onset of loss of bodily control was blameworthy, e.g., the result of voluntary drug use, it may be a defense only to specific intent crimes.

Liability of the Corporate Entity.

Crimes must occur within the scope of employment. Corporations can be held criminally liable when they fail to fulfill certain statutory duties. Criminal liability of corporate officers and directors under the “Responsible Officer” doctrine: Employees under their control and supervision. Do not have to participate in, or direct, or know about the criminal violation. Self-defense is, in general, some reasonable action taken in the protection of self. An act took in self-defense often is not a crime at all; no punishment will be imposed. To qualify, any defensive force must be proportionate to the threat. Use of a firearm in response to a non-lethal threat is a typical example of disproportionate force; however, such decisions are dependent on the situation and the applicable law, and thus the example situation can in some circumstances be defensible, Generally because of a codified presumption intended to prevent the unjust negation of this defense by the trier of fact.

Many people are tempted to commit crimes. You might not have a job, or you might be in financial trouble and feel stealing is the solution. In some situations, other criminals (like gang members) are your only family, so you fall into the lifestyle. However, there are steps you can take to avoid becoming a criminal. You should complete your education and find employment, addressing any financial or substance abuse issues along the way. If you are a teen, you can try to find a mentor and take other steps. Furthermore, you should avoid becoming an accessory to a crime by aiding or abetting criminal behavior.

Avoid criminals. Unfortunately, the more you associate with criminals, the more likely you are to commit a crime. Try not to fall in with a bad crowd, such as gangs. It will be easier to live a clean life when you surround yourself with people who are living the same.

Meet people at churches, schools, or at community centers. It may be difficult to introduce yourself to a new set of people, but the hardest step is the first. You can meet people online. But it is best to develop “real life” relationships. A network of good friends can provide emotional support during stressful times in your life.