Legal Defenses in Criminal Law

Legal Defenses in Criminal Law In criminal law, offenses are clearly defined. Some require a proof of the criminal act and others require proof of intent to commit the crime. Under the law; individuals may have performed illegal acts but still not be found guilty of a criminal violation because of a legally recognized justification for the actions or because legally they were not responsible for their actions (Neubauer Fradella, 2010, p. 48-49). Legal defenses in criminal law come from the way crime is defined. There are numerous defenses that are seen in criminal cases. Self-defense is the most commonly seen legal defense. Others include duress or compulsion, infancy or immaturity, mental impairment or insanity, and necessity. To be held responsible for a crime, a person must understand the nature and consequences of his or her unlawful actions. Under certain circumstances, a person who commits a crime lacks the legal capacity to be held responsible for the act. Defenses based on justifications rely on a claim t hat the accused party did take certain action now being labeled criminal but had no other choice in order to minimize their own losses or those of someone else. A justification defense deems conduct that is otherwise criminal to be socially acceptable and non-punishable under the specific circumstances of the case. Justification focuses on the nature of the conduct under the circumstances. Excuse defenses focus on the defendants moral culpability. An excuse defense recognizes that the defendant has caused some social harm but should not be blamed or punished for such harm. Justification and excuse defenses apply to all crimes. Some defenses, however, pertain to just one or a few crimes. For example, legal impossibility is a common law defense to the crime of attempt. Justification, excuse, and offense-modification defenses all relate to the defendants culpability or to the wrongfulness of conduct. There is a difference between justification defense and an excusable defense. Self-def ense and necessity are justifiable reasons and duress and insanity are excusable reasons. Self-Defense The general rule is that a person is privileged to use force as reasonably appears necessary to defend himself or herself against an apparent threat of unlawful and immediate violence from another (Pollock, 2009, p. 90). The general rule is that a person is privileged to use force when a person reasonably believes that it is necessary to defend oneself or another against the immediate threat of danger or use of unlawful force. However, a person must use no more force than appears reasonably necessary in the circumstances. Force likely to cause death or great bodily harm is justified in self-defense only if a person reasonably believes that such force is necessary to prevent death or great bodily harm. In thinking about a self-defense case, attorneys need to consider police use-of-force training and standards. Attorneys will need to know a moderate amount of technical information about firearms, gunshot wounds, knife wounds, blood splatter evidence and crime scene reconstruction in or der to review and challenge the prosecutors experts (Steele, 2003, p. 659). Attorneys investigate eyewitness memory and how the client, the deceased and any innocent bystanders were affected by the stress of the incident. If the act was committed in self-defense, then the crime is not punishable. The right to protect oneself, family, and home is recognized by the common law. Model Penal Code shows that use of force is justifiable when it is used to protect and prevent against harm. To prove self-defense, one must show proof that there was a reasonableness of fear of physical harm to oneself or another and reason to perceive an imminent danger. The amount of force used must be reasonable and related to the threat and he or she who is claiming self defense cannot be the cause of the incident. Duress In criminal law, duress is a defense to a crime if the defendant was pressured or compelled to commit the crime by another. If there was a threat of serious imminent harm to the defendant or others and no reasonable escape available, then duress or compulsion can be claimed if the crime is of a lesser magnitude than the harm threatened. The common law recognized duress as a defense for crimes but not murder. Nowadays, Under the Model Code, the defense of duress is not established simply by the fact that the defendant was coerced; he must have been coerced in circumstances under which a person of reasonable firmness in his situation would likewise have been unable to resist (Pollack, 2009, p. 83). Compulsion refers to the forcible persuasion to an act. It also means the act of forceful and uncontrollable impulse to do something in the state of being persuaded. Duress or compulsion can take many forms other then physical force. It can be threats used under the heads of obedience to ord ers, martial pressure, and necessity. Duress excuses criminal behavior where the defendant shows that the acts were the product of threats inducing a reasonable fear of immediate death or serious bodily injury (Pollack, 2009, p. 83). Committing a crime because of fear of immediate danger allows state laws to excuse the criminal conduct. Duress excuses criminal culpability only if the defendant is in imminent fear of bodily harm by another with no escape and the crime cannot be any serious personal violent crime, such as homicide. To be cleared by reason of duress, the defendant must not have also been reckless in putting themselves in harms way. Although not universally recognized, woman will use the defense of battered woman syndrome. This is to say that that assailant, typically female, becomes helpless because of constant abuse and is forced to commit crime because they fear there is no escape. Infancy Infancy and immaturity is a legal defense and has been seen in criminal cases. Infancy means the state or period of being a minor and is a lack of legal capacity to be held responsible for a crime due to the age of the perpetrator. Infancy, in this case, means only that the child does not have the capacity to determine right and wrong, the age of infancy is set by case law or statute (Pollack, 2009, p. 70). The legal defense of infancy is a form of defense known as an excuse so that defendants falling within the definition of an infant are excluded from criminal liability for their actions, if at the time they have not reached an age of criminal responsibility. According to the common law, a child under the age of seven is clearly not responsible for their actions even if the child confessed to the act. A child between the ages of seven and fourteen is still considered infant and is not responsible but some cases can be overturned. The Model Penal Code establishes that any individual under the age of sixteen is to be tried in juvenile court but any individual older than sixteen but younger than eighteen at the time of the incident can be tried in adult criminal court if the juvenile courts wave jurisdiction. The exact age at which a person is no longer considered a juvenile, and can this be prosecuted as an adult, differs from state to state (Neubauer Fradella, 2010, p. 49). Most of the state courts that have addressed the issue have declared that the infancy defense is inapplicable to juvenile court prosecutions because it was intended to guard children from the harshness of the adult penal system and therefore has no relevance to a rehabilitation-oriented juvenile court system. In the criminal law, each state will consider the nature of its own society and the available evidence of the age at which antisocial behavior begins to manifest itself. Juvenile delinquency is a form of immaturity and a childs criminal violations. Common crimes include theft, burglar y, sale or possession of drugs, and criminal damage and vandalism to property. Insanity Insanity is a legal defense where a defendant claims to have been under mental impairment during the time of the crime. It is a legal term and refers to any mental illness that meets the legal threshold for incapacity. Defendants claiming insanity plead that they are not to be held responsible for their actions. In common law, courts held that if the defendant had no understanding or memory to know what he was doing was wrong, he was like an infant or world beast and, therefore, not culpable (Pollack, 2009, p. 73). Daniel MNaghten was a woodworker who believed he was the target of a conspiracy involving the pope and British Prime Minister Robert Peel. In 1843, MNaghten traveled to 10 Downing Street to ambush Peel, but mistakenly shot and killed Peels secretary. During the ensuing trial, several psychiatrists testified MNaghten was delusional. A jury agreed, declaring him not guilty by reason of insanity. This was the first case seen with the defense of insanity. To determine pure ins anity of a defendant, certain rules are followed such as MNaghtens Rules and a right and wrong test is administered because insanity is an affirmative defense. To establish criminal incapacity under this test, a defendant must introduce at least some evidence to show that, as a result of his mental condition, he did not know the nature and quality of his act or did not know that the act was wrong (Pollack, 2009, p. 75). The defendant must show burden of proof and competency to stand trial. In some cases, when the defendant is not declared legally insane, diminished capacity defenses are used such as premenstrual syndrome, post partum depression syndrome, intoxication, post-traumatic stress syndrome, and battered woman syndrome. Necessity Similar to duress, necessity is a defense used when the pressure that makes the defendant commit the crime comes from an outside source. In this case, the factors that affect the defendant come from the physical forces of nature instead of another human being. Necessity is sometimes referred to as the Choice of Evils. The evil sought to be avoided must be greater than that sought to be prevented by the law defining the offense (Pollack, 2009, p. 87). Necessity excuses criminal conduct when it is done only to avoid an even greater harm. If one believes that they or another is about to suffer significant bodily harm and there is no other reasonable legal alternative to engaging in the criminal conduct, then one may claim this legal defense and not be held responsible. For example, if you are being chased and enter a random home without permission to seek shelter and contact the police, then it is excusable and you will not be charged with trespassing although you did not have permissio n. But here, your actions would probably be excused as being done out of necessity. Necessity is another legal defense that must be proven by a preponderance of the evidence. An example is the possession of marijuana as a medical necessity. The defense of necessity excuses criminal actions taken in response to exigent circumstances, and is based on the premise that illegal action should not be punished if it was undertaken to prevent a greater harm. The test for necessity requires that the defendant faced with a choice of evils choose the lesser evil; it does not require that the evil perceived must be illegal under the law. (Graybiel, 1994). Conclusion Justifications and excuses represent exceptions to those generally applicable prohibitory norms, precluding conviction and punishment in certain defined circumstances even where an actor has engaged in prohibited conduct or caused a prohibited result. A justification centers on the external, objective circumstances that surround an otherwise criminal act and seeks to determine whether, on balance, the act has benefited (or at least not harmed) society. In contrast, an excuse generally focuses upon an actors individual characteristics and subjective mental state and aims to determine whether he can justly be held accountable.

Human Rights Issues Essay

Nelson Mandela once said, â€Å"To deny people their human rights is to challenge their very humanity.† This quote is a powerful tool that can help one analyze and understand the severity of failing to guard the rights of their neighbours. When one person forcibly removes or denies another of their God-given rights, they are taking away that persons freedom, and ultimately committing a sin against God. The purpose of this essay is to prove how failing to protect and respect others rights is detrimental to ones relationship with God. Through examining some of the basic human rights in the UN’s Universal Declaration of Human Rights, and various Sacred Scriptures, one can come to understand the importance of human rights and their correlation with the Catholic Faith. On December 10th 1948, the United Nations established a very important document known as the Universal Declaration of Human Rights (United Nations 1). This document was written shortly after the second World War in an effort to secure the rights that belong to all people. Although this document proved to be somewhat successful in bringing peace and harmony amongst people, remains an abundance of unjust acts taking place in the world. The official teaching of the Catholic Church has acknowledged the positive value of The Universal Declaration of Human Rights and Pope John Paul II declared it to be, â€Å"A true milestone on the  path of humanity’s moral progress.† (Doctrine of the Church, 152). Although an agreement can be made upon the multiple benefits of this document, there still remains an abundance of violations against human rights that decrease the moral standings of those who preform such acts and those who chose to simply look away when these acts are being committed. The first article of the Universal Declaration of Human Rights states that † All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood† (United Nations, 1). However there are around twenty-two thousand children that die everyday due to poverty related causes (Shah, 6). How is it that over one hundred and thirty-three million pounds of food are carelessly discarded every year in the United States of America while thousands of children are suffering worldwide due to malnutrition (Obradovich 4)? This valued document states individual rights yet it can not ensure that everyones rights are protected, which is why there are numerous lives that are taken due to the careless negligence of those who choose to turn a blind eye to the individuals whose rights are being stolen everyday. The Universal Declaration of Human Rights is a tool that can help one understand some of the basic human rights, however one must go beyond simply informing themselves on what human rights are. Once these rights have been read and understood, the value of human rights and their importance must be taken into consideration when making a moral decision to stand-up for those whose rights have been stolen. It is imperative that one recognizes the value of human rights in order to preserve them for others and strengthen ones relationship with God. â€Å"The movement towards the identification and proclamation of human rights is one of the most significant attempts to  respond effectively to the inescapable demands of human dignity† (Doctrine of the Church, 152). In this excerpt from the Church’s Magisterium, one can find that the Church directly connects human rights to human dignity. One  must first identify their rights and those that belong to every individual in order to do everything in their power to protect their rights and those of other individuals. It is in doing this that one can make a positive change in others lives and fulfill their needs for human dignity. Too often, people place others needs aside while they search for wealth and materialistic possessions, however one must pay specific attention to those living in developing countries. Ailments, crop failures, natural disasters, violence and corrupt governments continuously decrease the development of these countries and their people from joining the rest of humanity on an even playing field (The Family and Human Rights, 56). Everyday millions of children and adults are suffering in the global community and in order to provide the necessary aid, citizens of the first world must know the value of human rights and the worth of a human life to stand up for people in poor living conditions and fight for their rights. In an article written by David Hollenbach, he states that â€Å"It is striking how strongly the new Compendium of the Social Doctrine of the Church affirms the Catholic Church’s commitment to human rights as moral standards to which all nations and cultures should be held accountable† (Hollenbach 3). This excerpt of the article highlights the importance of everyone of every individual abiding, protecting and being held accountable for ones rights and the rights of others. Rights are not only statements that are placed as suggestions for people, they must be followed and respected by everyone living in every part of the world. â€Å"There rights are ‘universal, inviolable, inalienable'† (Doctrine of the Church, 153). These rights are present in  everyone regardless of age, gender, race and religious beliefs. It would be useless to proclaim human rights if they were not being respected and protected by all people, for all people. Lastly, No one has the right to deny another of their rights as this would violate their very dignity and nature. It is evident that human rights are extremely valuable and are common amongst all people. Once one has learned about what the basic human rights are and their importance, then they must be applied into ones everyday life to help ensure that the rights are being practiced, but more  importantly, that others rights are being defended. There exists a positive correlation between The Catholic Church’s teachings and Human Rights. When one is violated, the other also suffers the negative effects and ones relationship with God is harmed. A section in the article written by David Hollenbach states, â€Å"Like earlier church documents, the compendium grounds the link between Christian faith and human rights in the dignity of the human person as created in the image of God† (Hollenbach, 7). This is emphasizing how everyone is created in the image and likeness of God, and is deserving of dignity and respect. Failing to safeguard ones rights is equivalent to denying said person of his or her humanity. David also states, â€Å"Consequently, the church’s work in support of human rights is essentially connected to its mission to proclaim the Gospel† (Hollenbach 4). Promoting and protecting the rights of all God’s people is viewed as a moral act and anything done to counteract the progress of human rights is seen as an act against God in the eyes of the Catholic Church. Human rights is directly linked to the vocation of every Christian and the Church’s mission. (Council for the Family, 32). It is every Christian’s moral duty to promote peace amongst people and to protect not just ones own, but everyones rights. There is a clear crossover between the Universal Declaration of Human Rights; that outlines everyones individual rights and freedoms,  and Christian ethics even though there is no direct reference to God in the document. This is due to the fact that the articles and rights presented in this document are based on humanity’s  common conscience (The Family and Human Rights, 2). Through acts of Christian service, one can grow a deep appreciation for the other and an understanding of ones duty as a Catholic citizen to help others that cannot help themselves. These acts help one grow closer to God because they act in accordance with the Catholic moral duty to help the other. All in all, there is a clear link between human rights and the duty of every Catholic citizen to ensure that every persons rights are being protected. When one person  directly or indirectly neglects a persons rights, they are disobeying God and therefore, committing a sin against Him. Every individual, regardless or age, race, gender or religious beliefs has certain rights and freedoms that pertain to them from the moment of conception. It is ones moral duty to protect others’ rights and ensure that everyone is leading a life of fairness and equality. Through analyzing the United Nation’s Declaration of Human Rights, it is clear that human rights are crucial in an attempt to create a peaceful world and a happy relationship with God. It is also important that one values the necessity of human rights in order for that individual to do everything in their power to safeguard the rights of others. One can clearly identify the relationship between human rights and the Catholic Church when looking at various Catholic documents as they both relate to the basic common conscience of humanity. With the use of this information, it is necessary that one protects their rights and the rights of other individuals in order to grow a healthy relationship with God. Works Cited â€Å"Compendium of the Social Doctrine of the Church.† Compendium of the Social Doctrine of the Church. Web. 5 Mar. 2014. Hollenbach, David. â€Å"Human rights in Catholic thought: a new synthesis.† America 31 Oct. 2005: 16. Gale Power Search. Web. 7 Apr. 2014. Shah, Anup. â€Å"Poverty Facts and Stats.† Global Issues. 07 Jan. 2013. Web. 23 Apr. 2014. . â€Å"The Family and the Human Rights.† The Family and Human Rights. Web. 5 Mar. 2014. http://www.vatican.va/roman_curia/pontifical_councils/family/documents/ rc_pc_family_doc_20001115_family-human-rights_en.html. â€Å"The Universal Declaration of Human Rights, UDHR, Declaration of Human Rights, Human Rights Declaration, Human Rights Charter, The Un and Human Rights.† UN News Center. UN, n.d. Web. 5 Apr. 2014. . Obradovich, Kathie. â€Å"Throwing Away Food Fuels Climate Change.† Des Moines Register 23 May 2014: n. pag. Des Moines Register. Web. 23 May 2014.

Use Case Narrative: Enrollment System

An E-commerce Website Use Case Name: Search and browse products ID: US-I Priority: High Actor: Shopper Description: This use case describes a shopper who searches and browses products. Trigger: A shopper is looking for a specific product. Trigger Type: External Preconditions: 1 . The shopper is knowledgeable about the product he/she is looking for. 2. The website is available. 3. The advertisement and buyer account databases are up-to-date and online. Normal Course: 1. 0 Search and browse products and select product to purchase 1 .The shopper pacifies the category of the item and the item itself to be searched. 2. The system verifies that the item is available. 3. The system generates all the products matching the search request. 4. The shopper selects a product and wants to place it in a cart. 5. The system asks the shopper to log in. (Alternative Course 1 . 1) 6. The shopper logs in his/her buyer account. 7. The system verifies the account. 8. The shopper adds the product to cart. Information for Steps Search Criteria List of approved ads Buyer Account List of Buyer Accounts New Cart Entry Modified Cart Alternative Courses: 1.The shopper doesn't already have a buyer account. (branch at step 5) 1. The shopper registers his/her desired surname and password. 2. The system verifies if the surname is still available. AAA. The surname is still available. AAA. The shopper has created a buyer account. Return to Normal Course Step 6. 5. B. The surname already exists. B. The system asks the shopper if he wants to continue registration or not. B. 1 The shopper wants to continue registration. B. 1 Return to Alternative course 1. 1 step 1 B. 2 The shopper cancels the request. B. 2 The system terminates the use case.Surname and Password List of Buyer Surnames New Buyer Account Request for re-registration Cancellation Postpositions: 1 . One or more products are added to the shopper's cart. 2. Cart has been modified. 3. The unregistered shopper has created a buyer account. E xceptions: El: Search request returns no result. (occurs at step 2) 1 . The system displays the message inform search did not match any records. Try another search. â€Å". 2. The system starts Normal Course again. E: Buyer Account is not valid. (occurs at step 7) 1 . The system displays the message inform surname and password is not valid.Please re-enter your surname and password. â€Å". E: Account inputted is not a Buyer Account. (occurs at step 7) 1. The system displays the message inform account is a Seller Account. Please enter a Buyer Account. â€Å". 2. Return to Normal Course step 5. Summary Inputs Source Outputs Destination Request for re-registration or Cancellation Shopper Active Advertisement Database Buyer Account Database Cart Database Use Case Name: Purchase products online ID: US-2 Actor: Buyer Description: This use case describes a buyer's purchase of product(s) on his/her cart online. Trigger: A buyer wants to buy a product. . The buyer's account is authenticat ed. 2. The buyer account database 3. One or more products are in the cart. 4. The buyer has specified readiness to check out and buy product(s) in his/her cart. 1. 0 Buyer confirms the intent to buy and supplies payment. 1. The buyer opens his/ her cart. 2. The system displays the cart's contents with price(s) of product(s) included. 3. The buyer purchase product(s) via Papal. 4. The buyer entered the payment information. 5. The system verifies the payment information's authority. 6. The buyer confirms the payment transaction. (Alternative Course 1 . 1) 7.The system recesses payment. 8. The system confirms the payment's success. 9. The system removes the purchased product(s) from the cart. 10. The buyer wants to view and print the recent or all the payment transaction's report Information for Steps Purchase Authorization Cart Contents Payment Information Payment Information's Authorization Payment Confirmation Product(s) Sale(s)' details Payment Transaction List of Payment Transacti ons Payment Transaction(s)' report(s) 1. 1 Buyer cancels payment. (branch at step 6) 1 . The buyer cancels the payment transaction. 2. Return to Normal Course 6. 1. Cart has been modified. Product(s) purchase is recorded. 3. Product(s) sales transaction is recorded. 4. The buyer has the printed reports for the recent or all the payment transactions. El: Payment Information is not authorized. (occurs at step 5) 1. The system displays the message â€Å"The payment information is not accepted. Please enter an authorized payment information. â€Å". 2. Return to Normal Course step 4. Payment Information's Authorization Buyer Payment Clearinghouse Payment Transaction Database Payment Transaction(sys report(s) Product Sales Database Use Case Name: Post advertisement entries ID: US-3 Actor: SellerDescription: This use case describes a seller posting advertisement entries. Trigger: A seller want to post an advertisement entry. 1 . The seller's account is authenticated. 2. The seller is kn owledgeable about the product he/she is going to advertise. 3. The 4. The seller account database is up-to-date and online. 1. 0 Buyer's posting of product advertisements. 1 . The seller wants to post an advertisement entry. 2. The system asks the seller to log in his/her seller account. 3. The seller logs in his/ her seller account. (Alternative Course 1 . 1) 4. The system verifies the account. 5. The seller inputs the advertisement information. The system verifies the advertisement information. 7. The seller confirms the advertisement. 8. The system confirms the advertisement entry for admit approval. Information for Seller Account List of Seller Accounts Advertisement Information Advertisement Confirmation New Advertisement Entry 1. 1 The seller doesn't already have a seller account. (branch at step 3) 1. The seller registers his/her desired surname and password. 2. The system verifies if the surname is still available. AAA. The surname is still available. AAA. B. B. The seller h as created a seller account. Return to Normal Course Step 4.The surname already exists. The system asks the seller if he wants to continue registration or not. B. 1 The seller wants to continue registration. B. 2 The seller cancels the request. List of Seller Surnames New Seller Account 1 . The advertisement entry is added to the advertisement database for admit approval. 2. The unregistered seller has created a seller account. El: Seller Account is not valid. (occurs at step 4) 1 . The system displays the message mirror surname and password is not valid. Please re-enter your surname and password. â€Å". E: Account inputted is not a Seller Account. (occurs at step 4) 1 .The system displays the message inform account is a Buyer Account. Please enter a Seller Account. â€Å". 2. Return to Normal Course step 3. Seller Seller Account Database Pending Advertisement Database Use Case Name: Management of seller's active advertisements ID: US-4 Description: This use case describes the se ller viewing his/her active advertisements. Trigger: The seller wants to view his/her active advertisements. Trigger Type: External 1 . The seller account is authenticated. 2. The advertisement database is up-to-date and online. 1. 0 Managing of active advertisements 1 . The seller wants to manage his/her active advertisements. The system displays all the seller's active advertisements. AAA. The seller edits the contents oaf specific advertisement. AAA. The system confirms the modification. B. The seller confirms the deletion an advertisement(s). B. The system confirms the modification. List of Active Advertisements Edit Information Edited Advertisement Deletion Confirmation Deleted Advertisement(s) None 1 . Advertisement Database has been modified. List of Active Advertisements Use Case Name: Sales Revenue Report ID: US-5 Priority: Low Description: This use case describes a seller viewing and printing his/her sales revenue report.Trigger: A seller wants to view and print his/her sa les revenue report. 1. The seller's account is authenticated. 2. The product sales database is up-to-date and online. 1. 0 Viewing and printing of sales revenue report 1. The seller wants to view his/her sales revenue report. 2. The system displays his/her sales revenue report. 3. The seller confirms the print of the report. 4. The system print the sales revenue report. List of Sales Revenue Sales Revenue Report 1 . The seller has the printed report of his/her sales revenue. Use Case Name: Management of all the advertisements ID: US-6 Actor: AdmitDescription: This use case describes the admit managing all the pending and active advertisements. Trigger: The admit wants to manage the advertisements. 1. The adman's account is authenticated. 2. The admit account database is up-to-date and online. 3. The advertisement database is up-to-date and online. 1. 0 Managing of all the advertisements 1. The admit logs in his/her admit account. 2. The system verifies the account. 3. The admit want s to manage all the advertisements both pending and active. 4. The system displays all the pending and active advertisements. AAA. The admit selects and view a pending advertisement.

Introduction to Mendels Law of Independent Assortment