LAWS 2302 Lecture Notes - Lecture 8: Mens Rea, Mitigating Factor, Human Penis Size
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Denial of, or a justification for alleged criminal behaviour: the most common defenses are on the facts of the case. Defense is arguing that whatever the crown is saying happened, didn"t actually happen. Denial - this can"t be what happened because the particular case. When the question of factual guilt - you"re denying the facts of accepting that the behaviour took place. When you excuse or justify the behaviour - you"re. Example: witness can"t make a clear identification o. In other situations an accused may admit to the crime but has a legal defense to excuse or justify his or her actions. Some legal defenses are partial and some are total. Difference between excuse vs. justification: excuse. Do not seek to defend the conduct of the defendant per say blamed for what he or she did. Seek to say that, in this particular instance, the defendant ought not be o.