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Defense

            There are several defenses a person can raise to show that he lacked the "intent" or mens rea to commit the crime. You have heard of most of these.
             1. Entrapment. This defense is primarily used in drug and prostitution cases. The idea here is that the police induced or persuaded a person to commit a criminal act they would not normally otherwise do. The key is induced or persuaded. Merely presenting a person with an opportunity to commit a crime is not inducing or persuading. Some of you may have seen -.
             2. The stings on TV where the guy acting drunk parks his car on the street, leaves the keys in the car and staggers off. Criminals immediately jump in the car, start it and attempt to take off. The sting car usually has a kill switch and the car stops in the middle of the street and the car thieves are arrested. Merely making the car available to steal is NOT entrapment.
             3. Self-defense. Most states allow a person to defend him or herself from attack by responding with equal force up to and including deadly force. Problems arise when the level of force is exceeded or when the victim becomes the aggressor after the attack has been foiled.
             4. Necessity. This defense is rarely used today. The idea is that a person must commit one crime in order to prevent a greater crime or harm from occurring. .
             5. Duress. When a person commits a crime because he has been threatened he can raise the defense of duress. Coercion simply means a threat to do some kind of harm. The threat can be to kill the actor or a member of the actor's family. He is acting under duress as long as he is committing the crime to avoid harm to himself or another. .
             6. Age. In Texas juveniles (Persons under the age of 17) cannot be tried as adults. (Except in special circumstances). They are not considered to have the mens rea. .
             7. Mistake. In Texas if a person has formed a belief about a fact, but is mistaken that may negate his intent. .
             8. Intoxication.


Essays Related to Defense

1. Chemical Defense In Red Algae

All animals and plants have different defense mechanisms that they use to give them an advantage in their environment. ... The red alga Bonnemaisonia has a chemical defense that prevents harmful bacteria from growing on it. In this experiment, the defense production in Bonnemaisonia hamifera was manipulated in multiple cultures in order to measure the cost and fitness benefits in which producing those defenses has on the plants algae. ... Therefore, we can conclude that the cost of the chemical defenses in this species of red alga outweighs the fitness benefits. ... It would have been much eas...

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2. The Defense Budget of the United States

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3. Defense Mechanisms and Sigmund Freud

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4. U.S. Supreme Court and the Insanity Defense

Hence, the insanity defense reflects a crime sentencing policy that that identifies there are unique situations in which the need for treatment over punishment is preferable (Butler, 2011). ... The rule generated a presumption of sanity, and required the defense to prove beyond a reasonable doubt the following two facts: (1). ... At trial, Clark asserted a defense of Guilty Except Sane (GES) under Arizona Revised Statue § 13-502(1996). ... Arizona (docket 05-5966), the US Supreme Court considered a direct challenge to Arizona's insanity defense. ... Under Arizona insanity defense la...

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5. The Israeli Defense Force

ISRAELI DEFENSE FORCE I. ... A few small states reconcile themselves to "defensive nihilism," the abandonment of hope to establish an effective defense. ... Israel always has aspired to self-reliance in its defense. ... They also established a precedent of armed self-defense of the Zionist movement, which during the War of Independence in 1948 would flower into the IDF. ... In 1920, after serious Arab disturbances in Jerusalem and in northern Palestine, HaShomer militias were disbanded and replaced by the Haganah (abbreviation for Irgun HaHaganah, Defense Organization), which was intended ...

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6. Missle Defense: A Necessary Evil?

The defense of a nation has come a long way in the span of history. ... One of America's first attempts at a missile defense system was Nike-Zeus. ... Weinberg, began to doubt the effectiveness of missile defense during these times. ... You can't talk about missile defense without talking about President Regan. After the ABM treaty of "72 missile defense became a less important issue. ...

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7. Office of the Secretary of Defense and Military Services

The Office of the Secretary of Defense (OSD) is the principal staff element of the Secretary of Defense that has the unique responsibility of exercising policy development, planning, resource management, fiscal, and program evaluation responsibilities. The office also includes subordinate offices; including the immediate offices of the Secretary and Deputy Secretary of Defense, Under Secretaries of Defense, Director of Defense Research and Engineering, Assistant Secretaries of Defense, General Counsel, Director of Operational Test and Evaluation, Assistants to the Secretary of Defense, Directo...

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8. Government Spending on Defense and Education

The first factor is defense. ... Which factor does America as a nation value more finically defense, or education? ... The American defense budget is currently on the decline. In a Department of Defense briefing on the fiscal year 2015 department of defense budget and the 2014 quadrennial defense review in the pentagon briefing room Deputy Under Secretary of Defense Christine E. ... In the same Department of Defense briefing in which Deputy Under Secretary of Defense Christine Wormuth laid the logic behind the budget request , Lieutenant General Mark Ramsey stated in exact figures just how ...

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