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Questions tagged [defense]

18 questions
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Does a positive outcome for the victim of a crime give the perpetrator a defense?

A thief steals a car right before a natural disaster occurs, which would have certainly destroyed it, then later he returns it to the owner (or gets caught and the car is retrieved intact). Would the fact that his actions saved the owner's property…
Jony
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Is producing a lookalike a sufficient defense against eye-witness identification?

In Charles Dickens' "A Tale of Two Cities" Book 2 Chapter 3 'A Disappointment', a man is on trial. He has been identified by an eyewitness who testifies under oath that he saw the defendant commit the crime and identifies the defendant in court by…
Triplefault
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Are there circumstances in which "I was doing X, alone" can be a valid alibi?

A common trope in crime dramas is that a suspect claims they were doing something alone at the time of a crime, leading to additional suspicion falling on them because they do not have witnesses to validate the alibi. In a situation like this, is it…
Nzall
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On the legality of arming yachts and other recreational craft at sea

Is it legal or applicable to arm yachts or other recreational vessels for defense against piracy, thieves, terrorism, etc?
LazyReader
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What are some examples of reasonable steps that may be taken to ascertain sexual assault complainants’ consent?

In Canada and perhaps other jurisdictions, an available defence for sexual assault accusations is that the defendant can show that they had taken reasonable steps to ascertain the complainants state of consent, and had come away from that exercise…
TylerDurden
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Is ignorance of facts an excuse?

Suppose there is a law saying it is illegal to XYZ between 10 PM and 6 AM. If Alice XYZs at 11 PM, she cannot use "I didn't know about the law" as a defense. What if she does know about the law, but her watch (due to something she could not have…
Someone
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Defendant's right to surprise prosecution at trial

Common law disclosure obligations between prosecutors and defendants appear to be imbalanced: prosecutors basically have to disclose everything they have on defendants defendants have to disclose only alibi and any expert witnesses (and also some…
Greendrake
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Does intoxication impact a "mistake of fact" defense?

This may vary from jurisdiction to jurisdiction, if it does, I guess the most relevant jurisdiction I'd be interested in would be Indiana in the US. If a defendant is arguing "mistake of fact," but the reason they made the mistake was, they were…
user3752935
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Can a land possessor distrain a trespasser's property?

A has entered B's land for lawful purposes. B commands A to leave, but B parks his ATV behind A's vehicle, obstructing its only avenue of backing out to drive away (there are three other cars parked next to A's vehicle). A refuses to leave the land…
JD Montgomery
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Is psychological impairment a defense for murder?

My question was prompted by an episode of the TV show Arrow. The subject of my question is the law not science fiction so I won't go into too much detail, but a character is killed and resurrected by a Lazarus pit, which has the side effect of blood…
Ethan
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Can I legally give someone the right to cannibalize me?

Let's say a friend and I are stranded somewhere, starving, and confident rescue will not come until we both have starved. Realizing that it makes more sense for one to live than both of us to starve, we draw straws, and I draw poorly. I gave my…
dsollen
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What is the role and power of the Australian Defence Force in civil society?

The Commonwealth government has offered the assistance of the Australian Defence Force (ADF) to the states from time to time. Most recently the New South Wales Government has accepted that offer of Army personnel to assist NSW Police in the…
Dale M
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Has there ever been a defendant who could not get an attorney?

Is there any record in history of a defendant that is accused of crimes so bad (e.g. prolific serial killer or child abuser) that defense attorneys have simply refused to represent them? If not, what would be done if this were to happen?
Ethan
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question on who caused and could be charged with a death in a hypothetical case

I'm not sure if this something I saw on a law/medical show at some point, but I have a question about which way the law would swing (note: law, not jury). Scenario: Someone goes out and drives recklessly (for whatever reason) and causes an accident…
Matt Bartlett
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In a criminal RICO trial, on a particular count, what elements can be shared among the co-defendants?

The Georgia 2020 Election subversion case (a RICO of the Georgia State variety) is quite complex in that there are 19 defendants who are charged with one or more counts from the list of 41 distinct counts (see page 1 of the Indictment document). …
GratefulDisciple
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