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CRIMINAL DEFENSES
The number of defenses possible in any criminal case are nearly limitless.
Most crimes, with the exeption of a very few, require what is called "mens rea". Having the mens rea to commit a particular crime means that the perpetrator had the mental intent to commit that specific crime. Without specific intent, most crimes cannot be successfully prosecuted.
Some common defenses include:
*Duress
*Abandonment (of the crime before taking a significant step toward its completion)
*Mistake of Fact
*Mistake of Law
*Impossiblity
*Duress
*Entrapment
*Consent
*Age
*Self-Defense
*Defense of Others
*Defense of Property
*Defense of Habitation
*Heat of Passion
*Battered Women Defense
*Battered Children Defense
*Private Necessity
*Public Necessity
*Involuntary Intoxication
*Resisting Unlawful Arrest
*Mental Deficiency
*Insanity
CONSTITUTIONAL ISSUES
In addition to, or standing alone, constitutional issues may be raised as well. Some common constitutional arguments include:
*Improper Jurisdiction
*Improper Search and Seizure (4th Amendment)
*Lack of Miranda Rights (6th Amendment)
*Void for Vagueness (Unclear law)
*Overbroad (the law is so cumbersome it impedes legal behavior such as picketing or assembling or speech)
*Violation of Fundamental Rights (right to privacy, travel, free speech, 1st Amendment rights, right to vote, right to mary)
*Equal Protection under the law
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