Topic > Extended Research Report on “Crimes Against…

Defenses are “reasons or excuses why a defendant should not be held liable for a criminal offense or in a civil tort claim” (Dosen et.al 2013).When an offender is charged with murder, there are several defenses that can be used to change the outcome of the trial, such as:• Provocation (partial defence) – section 304 of the Criminal Code Act 1899 provides that if the accused “commits the act causing death in the heat of passion caused by sudden provocation, and before there is time for the person's passion to cool, the person is guilty only of manslaughter.” that this exception "does not apply if the sudden provocation is based on words alone, except in circumstances of an extreme and exceptional nature." defendant “is at the time of committing the act or omission causing death in such a state of mental abnormality… the person is guilty only of manslaughter.” • Self-defence (complete defence) – section 271 of the Criminal Code Act 1899 states that: 1) Where a person is unlawfully attacked and did not provoke the attack, it is lawful for the person to use reasonable force against the assailant necessary to provide an effective defense against the assault, if the force used is not intended, and is not likely to cause death or serious bodily injury.2) If the nature of the assault is such as to cause a reasonable fear of death or injury serious personal injury, and the person using force in defense believes, on reasonable grounds, that he cannot otherwise preserve the defended person from death or serious bodily injury, it is lawful to… half paper . ..... that the person is guilty of the crime of which he is accused. The prosecution must prove this guilt “beyond a reasonable doubt” and this has become the cornerstone of our justice system. This right allows the legal system to strike a balance between individuals' rights to liberty and society's need for order, as it allows the accused to be proven innocent if there is insufficient evidence, as well as allowing the court to find him guilty . if there is sufficient evidence. The presumption of innocence is also supported by other elements that are applied during the trial, one of these elements is that the criminal record of the accused must not be disclosed until the accused has been found guilty. This helps in applying the presumption of innocence as the jury and judge will not have any biased judgment towards the accused.