Criminal Defense Issues

Learning Goal: I’m working on a criminal justice discussion question and need an explanation and answer to help me learn.

This is a class discussion post… The first one is the discussion post and you must answer the following bullets… I will also add 2 different student posts and you will answer whether you agree or disagree to what their saying.. or any facts and opinions. 50 words each to the response of the student post.

Respond to the following in a minimum of 175 words:

  • Refer to the criminal defenses discussed in Ch. 6 of Essential Criminal Law. Which criminal defense do you believe is the most controversial? Why?
  • Do you believe there are any circumstances when a criminal should not be held responsible for his or her crime? Explain.

The 2 different student post are

1)Hi, class. when it comes to criminal cases, there are usually four major criminal defense strategies that criminal attorneys use and employ. the first being the client is innocence, constitutional violations, self-defense, and insanity, out of these four I firmly believe in my opinion that insanity is the most controversial. the insanity defense is the single most controversial legal doctrine relating to the mentally ill. All the formulations of the insanity defense require that the impairment claimed in mental functioning being a result of mental disease or defect. Although the insanity is probably the most controversial it is the least used out of the four most common and the least successful. Do I believe there are any circumstances when a criminal should not be held responsible for his or her crime. I believe yes an no the reason behind this is if the crime was in self-defense then he or she should not be charged with a crime. the other part of my answer would be yes they should be held accountable even if they have a mental disease they should have been taking there medications and counseling so they are responsible for their actions.

2)Hello class, I believe the insanity defense is most controversial because it has allowed those who have committed the most evil and atrocious crimes, and in any jurisdictions, being deemed legally insane has been used as a defense that lets them off free. I believe it can sometimes be acceptable depending on the case but see the public thinks that defendants are excused from punishment when found not guilty as the result of this defense. I feel like any criminal who knows exactly what they are doing and how it effects then people around them then yes they should be prosecuted but the criminals who are mentally ill they should just be in an insane institution for life at least and try to understand what they have done. Now if criminals are not given any punishment they may commit crimes again and again. Crime in general is the worst thing a person can do because it violates the law and it is a violation against the victims.Therefore, to protect the security of the society they should be punished according to the severity of the crime.

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