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Defenses

Alibi: unlike other major defense arguments, the alibi is based on the argument of innocence. Through an alibi, the defendant claims that may present evidence or witness statements that demonstrates his absence at the scene of the crime for which he is charged.

Causal justification: defense based on the grounds of justification is based on the argument that, although the defendant participated in the act defined as a crime, had no choice but to act the way he did, in order to minimize their own losses or those of another person.

Among the grounds for justification are: the arguments of self-defense, defense of others, of necessity, need to resist an arrest reasonably believes illegal, consent and need to defend home or own property from intruders. In the case of self-defense, often, courts take into account whether the defendant used what is called ¨ ¨ reasonable force. Generally, the use of force likely to cause death is justified only if one’s life or that of a family member is under direct threat.

Grounds for exemption from criminal liability: if a defense is based on a ground of exemption from criminal liability, means the defendant admits having committed the crime, but he could not help it. Some common examples of grounds for exemption from liability are: dementia, mental incapacity, duress, age, error, involuntary intoxication, unconsciousness and diminished capacity. Although the argument is commonly used dementia, courts and judges require strong evidence that the check.

Procedural irregularity: when defendants allege any procedural irregularity, are arguing that they were significantly discriminated by any member of the criminal justice system, or one or more major procedural rules were not met. This means, therefore, that he was denied due process and a fundamental right was violated. Thus, defendants try to obtain exemption from blame. Examples of procedural irregularity are: fraudulent inducement; jeopardy; impediment to a new trial of certain issues; selective prosecution, fraud on the part of the police force, breach of duty to provide a speedy trial and violations in the course of proceedings.

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