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Four Categories of Criminal Defense

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What four broad categories of criminal defenses does our legal system recognize? Under what circumstances might each be employed?

In general, explain the authoritative and jurisdictional differences between the three major levels of public law enforcement in the United States today.

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Solution Summary

This solution explains four categories of criminal defense and differences in three levels of public law enforcement. The sources used are also included in the solution.

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The four categories of criminal defenses the legal system recognizes are justification, excuse, alibi, and procedural. The circumstances in which defense of justification is accepted is that the accused admits of the wrong but argues that it was necessary to avoid the greater evil. This defense is applicable when the doctrine of necessity becomes operational. For example an individual discharges a firearm in public because of emergency or defensive use. The examples given for justification are that a person trespasses on property to put out a fire or a person enters the property to save a person from drowning. The criminal defense of excuse can be used if the personal condition or circumstances of the defendant are such he cannot be held accountable under the law. The most common example of such a defense is that the accused was insane or had a mental ...

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