Category: Defenses

What is the defense of duress?

In order to establish a defense of duress, an accused individual must show that he acted under an immediate threat of death or serious bodily injury, that he had a well-grounded fear that the threat would be carried out, and that he had no reasonable opportunity to escape or inform the police.

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What is the defense of insanity?

It is a defense to a prosecution under any federal statute that, at the time of the commission of the acts constituting the offense, the accused, as a result of a severe mental disease or defect, was unable to appreciatethe nature and quality or the wrongfulness of his acts.

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What is the good-faith defense to a charge of intent to defraud?

One who expresses an honestly-held opinion or an honestly-formed belief cannot be charged with fraudulent intent even though the opinion turns out to be erroneous or the belief is mistaken.

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What is the defense of good-faith reliance on the advice of counsel?

In order to assert this defense, an accused individual must prove…

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Is ignorance of the law ever a defense?

Yes. Although it is frequently said that ignorance of the law is no excuse…

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What is the defense of mistake of law?

Examples of this defense include the following.

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What is the defense of mistake of fact?

An accused person may claim that she was mistaken about an essential fact and therefore did not have the criminal intent necessary to commit the crime.

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What is the defense of entrapment by estoppel?

This defense focuses on the actions of government officials and not on the predisposition of the accused.

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What is the defense of entrapment?

An entrapment defense requires two elements: governmental inducement of the crime; and a lack of predisposition on the part of the accused.

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What is a criminal defense?

This is a variety of conditions tending to show that a person accused of committing a federal crime is not guilty of that crime.

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