Week 3
Legal Defenses
CJS 220
February 7, 2014
Selena Small
Legal defenses are the reasons that a convicted individual uses in hopes of not being punished nor being responsible for a crime. According to the text, there are ten general legal defenses. The ten legal defenses are infancy, insanity, self-defense, intoxication, prevention of a violent felony, mistake of fact, necessity, entrapment, coercion, and syndromes (Meyer and Grant 2003).
Infancy is one of the ten general legal defenses used when a child, an individual of seven years of age or younger, is found to be an offender of the law. Our text defines infancy as, “she or he is too young (typically younger than seven years of age) to be able to form the mens rea necessary to commit a criminal act.” (Meyer and Grant 2003) Children who are under the age of seven do not understand the difference from right and wrong, therefore he or she may break the law and may not even be aware of doing so. Those who are eight years of age or older, are expected to understand what right and wrong is, therefore they are then able to be sentenced and punished as an adult if seen fit. Cases of individuals of seventeen or younger are handled on case-by-case basis. Because of the increasing amount of crimes committed involving those under the age of eighteen, laws are constantly being changed to rehabilitate children and teenagers.
Insanity is as a mental disorder. According to our text, insanity claimed as a legal defense is “His or her insanity at the time of a crime meant he or she could not rationally form mens rae to commit a criminal act.” (Meyer and Grant 2003) If an individual pleas temporary insanity or insanity, he or she is claiming that they were not in a normal state of mind, was unable to determine right from wrong, or was unaware of their actions when the crime was committed. The individual must be able to prove that he or she endured insanity at the time that the crime was committed. To
CJS 220
February 7, 2014
Selena Small
Legal defenses are the reasons that a convicted individual uses in hopes of not being punished nor being responsible for a crime. According to the text, there are ten general legal defenses. The ten legal defenses are infancy, insanity, self-defense, intoxication, prevention of a violent felony, mistake of fact, necessity, entrapment, coercion, and syndromes (Meyer and Grant 2003).
Infancy is one of the ten general legal defenses used when a child, an individual of seven years of age or younger, is found to be an offender of the law. Our text defines infancy as, “she or he is too young (typically younger than seven years of age) to be able to form the mens rea necessary to commit a criminal act.” (Meyer and Grant 2003) Children who are under the age of seven do not understand the difference from right and wrong, therefore he or she may break the law and may not even be aware of doing so. Those who are eight years of age or older, are expected to understand what right and wrong is, therefore they are then able to be sentenced and punished as an adult if seen fit. Cases of individuals of seventeen or younger are handled on case-by-case basis. Because of the increasing amount of crimes committed involving those under the age of eighteen, laws are constantly being changed to rehabilitate children and teenagers.
Insanity is as a mental disorder. According to our text, insanity claimed as a legal defense is “His or her insanity at the time of a crime meant he or she could not rationally form mens rae to commit a criminal act.” (Meyer and Grant 2003) If an individual pleas temporary insanity or insanity, he or she is claiming that they were not in a normal state of mind, was unable to determine right from wrong, or was unaware of their actions when the crime was committed. The individual must be able to prove that he or she endured insanity at the time that the crime was committed. To