Due Process and Legal Defenses
It
is clearly written in the Fifth Amendment of the United States Constitution
that no person shall be deprived of life, liberty, or property without due
process of law. Yet, an individual may be a criminal if their act falls under
the three important elements of a crime. However, if the individual wanted , he
or she can claim a legal defense to protect themselves.
We
must acknowledge that there is no formal definition of what the term due process
means. However, this does not mean that there is not a limit as to what the
concept of due process may stand for. Over the past decades, there have been
significant legal developments in the area of due process and individual
rights.
The
concept of due process ensures that individuals are treated fairly and received
the proper protection from the government. Due process’ importance is
unmatched, especially since the law and court’s legitimacy are based on the
public’s perception of due process.
In
order for a crime to be a crime, the act requires three important
elements. These elements are actus reus, mens rea, and concordance
between the two. Actus reus means the
act must be a “guilty” act or omission. While the word mens rea means a “guilty” state of mind.
There
are a total of ten general legal defenses that defendants may use in court to
excuse their behavior. Three of these defenses are infancy, intoxication, and
insanity. The defendant can plead infancy is he or she is too young to form a
guilty state of mind. The defendant can plead intoxication if he or she was
intoxicated at the time of the crime and failed to rationally form mens rea, or a “guilty” state of mind.
Last but not least, a defendant can claim insanity if his or her insanity did not
allow him or her to rationally form mens
rea.
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