Complete Defenses
Mental Illness: the law recognizes that some people commit crimes as a result of mental illness (‘insanity’). It is the responsibility of the defense to prove that the accused was insane at the time of the act. The defendant is acquitted if the court accepts the defense of insanity because they did not have the mens rea. However, the court can have them placed in a mental health facility.
Self Defense: the law makes a provision for people defending themselves, but they may not use greater force than is reasonably necessary. The main question in a case of self defense, is whether or not the accused genuinely believed that the level of force used was necessary and whether a ‘reasonable person’ would have acted in a similar way. In order to use the defence of self defence, the accused must admit to both the mens rea and the actus reus.
Automatism: where a person claims that they were not in control of their actions at the time of the criminal act being committed. This defence is used to show that there was no mens rea.
Compulsion: You must admit to both actus reus and mens rea, and then claim to have been forced carry out the crime. There are two forms of compulsion:
Necessity: When the crime committed is not as bad as the possible outcome of not committing the crime.
Duress: The accused claims that a person forced them to commit the crime against their will. A jury must be convinced that the person had strongly believed that the threat that forced them to commit the crime was genuine.
Consent: the defendant claims that they acted with the victim’s consent. The defence of consent can be either complete or partial, and is often used in sexual offences.
Mental Illness: the law recognizes that some people commit crimes as a result of mental illness (‘insanity’). It is the responsibility of the defense to prove that the accused was insane at the time of the act. The defendant is acquitted if the court accepts the defense of insanity because they did not have the mens rea. However, the court can have them placed in a mental health facility.
Self Defense: the law makes a provision for people defending themselves, but they may not use greater force than is reasonably necessary. The main question in a case of self defense, is whether or not the accused genuinely believed that the level of force used was necessary and whether a ‘reasonable person’ would have acted in a similar way. In order to use the defence of self defence, the accused must admit to both the mens rea and the actus reus.
Automatism: where a person claims that they were not in control of their actions at the time of the criminal act being committed. This defence is used to show that there was no mens rea.
Compulsion: You must admit to both actus reus and mens rea, and then claim to have been forced carry out the crime. There are two forms of compulsion:
Necessity: When the crime committed is not as bad as the possible outcome of not committing the crime.
Duress: The accused claims that a person forced them to commit the crime against their will. A jury must be convinced that the person had strongly believed that the threat that forced them to commit the crime was genuine.
Consent: the defendant claims that they acted with the victim’s consent. The defence of consent can be either complete or partial, and is often used in sexual offences.