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Essay / Cognitive disorders, automatism, defenses and excuses...
defenses and defenses of justification. (Lawteacher.net, 2014) Focusing on the excuse defense, some examples are known as: age, mental disorder, automatism, mistake of fact, and mistake of law. (Lawteacher.net, 2014) Mental disorder is defined as a “disease of the mind.” (Lawteacher.net, 2014) This excuse argues that the accused was not thinking normally at the time of the criminal act and therefore did not understand the act of the crime he committed. (Lawteacher.net, 2014) Some examples of mental disorders are paranoia, schizophrenia, and depression. (Lawteacher.net, 2014) Automatism is used as an excuse to explain that the environment around the accused caused him to commit the criminal act unintentionally. This excuse focuses on the actus reus and is arguably one of the most difficult circumstances to prove at trial. (Lawteacher.net, 2014) Mistake of fact is used in a trial to minimize or eliminate the guilty intent in a criminal act that has been committed. (Lawteacher.net, 2014) The source of this excuse is that the accused is unaware of the law he has broken and who will formally charge him. A very popular use of mistake of fact is used with deadly force because it relies on pure judgment which can vary from person to person. The definition of justification is “the implication of the accused admitting that he has committed a criminal act; their actions were justified by duress, necessity, self-defense, provocation, and entrapment. (Lawteacher.net, 2014) This legal defense allows the accused to understand why they committed the crime and is the best opportunity to justify their side of the story to make it appear acceptable to others. Duress is defined as "threats, violence, coercion, or other... middle of paper ... she should not be held criminally responsible for breaking the law." (Definitions.uslegal.com, 2014) A court case that addresses this topic is US v. Armstrong. In this case, the Supreme Court stated that to prove the existence of selective prosecution, two elements must be proven. (Dfreemanpa.tripod.com, 2014) The first element is that it must be demonstrated that federal prosecutorial policy has a discriminatory effect. (Dfreemanpa.tripod.com, 2014) The second element is that it was motivated by a discriminatory objective. (Dfreemanpa.tripod.com, 2014)Procedural defenses do not focus on guilt or innocence, but on the procedures used to investigate the case. (Crim-law.info, 2014) Many important measures of this style of defense are intended to ensure that the search and seizure was acceptable, if there was probable cause, regardless of whether civil rights were violated. (Crim-law.info, 2014)