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A crime that has not been fully carried out. Due processfurther commands that defendants have the right to call their own witnesses, mount their own evidence, and present their own theories of the facts.
However, even if that happened, the review officer will still go carefully through my petition and the hearing record. The facts surrounding an event are known as ________. Law Stack Exchange is a question and answer site for legal professionals, students, and others with experience or interest in law. How do you calculate the amount of excess reserves held by a bank? Aristotle. Self-defense falls into which category of defenses to a criminal charge? The Court has agreed with public sentiment about the B. False. WebWhich of the following is an example of a procedural defense?
Actions by a U.S. citizen to help a foreign government overthrow, make war against, or seriously injure the U.S. A relatively minor crime that is punishable by up to one year of incarceration in a local jail. Denial of a speedy trial is an example of a procedural defense. Criminal Justice: Sentencing and Capital Puni, Theories of Counseling and the Helping Relati, Operations Management: Sustainability and Supply Chain Management, Information Technology Project Management: Providing Measurable Organizational Value, Elliot Aronson, Robin M. Akert, Samuel R. Sommers, Timothy D. Wilson, [SES] Chapitre II : Comment est structure la, chapter 9 -- breath of fresh air questions. Which Supreme Court ruling was the 2nd amendment right to bear arms first incorporated to the states quizlet? The __________ is a traditional measure of investigative effectiveness that compares the number of crimes reported or discovered to the number of crimes solved through arrest or other means.
These motion usually concern whether the court should suppress certain evidence, whether certain individuals can testify, or whether the judge should dismiss all charges for lack of evidence. In common law jurisdictions the term has applications in both criminal law and civil law. A. Divide. Misconduct or Unconstitutional Behavior Procedural Defenses Procedural defenses in criminal law are made with respect to the manner in which the Distinction between Group A and Group B affirmative defenses. The prosecution presents its witnesses and evidence first. You can help Wikipedia by expanding it. is most clearly present when a person acts ________. D. Individual justice, What are the three major components of the Criminal Justice System? Federal Procedural defenses can be difficult to maintain successfully, since in effect they argue for the dispensers of justice to acknowledge their own conduct as unjust. The rationales of such defenses are usually separate from questions of the guilt or innocence of the defendant, and hinge rather on some form of abuse or misconduct in criminal procedure. Relates to going into another country in defense of one's people. D. The chief of a small municipal police department, Which local law enforcement official is responsible for serving court papers, maintaining security within courtrooms, and running the county jail?
C. clearance rate More serious crimes result in the trier of fact hearing evidence and arguments from both the prosecution and the defense regarding the appropriate sentence. Some common procedural defenses are entrapment by the government, false confession by witnesses, falsified evidence, denial of a speedy trial, double jeopardy, prosecutorial misconduct, and selective prosecution. C. maintenance The specific enumeration of Group B affirmative defenses is not exclusive because of the catch-all clause any other matter by way of confession and avoidance. Examples of other affirmative defenses are caso fortuito, nullity or voidability of the contract, vices of consent, and unenforceability of the contract under paragraphs 1 and 2 of Article 1403 of the Civil Code. There are factual inaccuracies and distortions in the Answer. Law Enforcement This is called ", After law enforcement arrests a suspect, a judge will set the suspect's initial, During a sentencing trial, the prosecution presents evidence of, Before the judge announces the sentence, a defendant is entitled to, The federal government and state governments have created various sentencing guidelines. I would like to point out the specific things in the record that show that the conclusions are erroneous. A. Browse other questions tagged, Start here for a quick overview of the site, Detailed answers to any questions you might have, Discuss the workings and policies of this site. D. Robbery, A ____________ involves killing at least four victims at one location during one event. Nevertheless, they are an important tool in the arsenal of criminal defense and an important safeguard against constitutional abuses by those in power. C. bicycle thefts Identity theft Criminal procedure deals with the set of rules governing the series of proceedings through which the government enforces substantivecriminal law. For example, procedural defenses might include: failure to meet a deadline, failure to give notice to the proper persons, failure to pay a filing fee, failure to include required information (such as a case number or a statement of facts or a signature) in the Petition, or lack of standing to file the Petition on behalf of the child because parental rights or legal guardianship are absent or because the person filing the Petition isn't an adult. create, study and share online flash cards. What is stare decisis and why is it important quizlet? In this case, the remedy of the plaintiff would depend on whether the dismissal is with or without prejudice. B. 7. Keep in touch for the latest California Crim Law Reading.If you need immediate assistance, call our office: (310) 274-6529. The CIA Does "brine rejection" happen for dissolved gases as well? Before the judge announces the sentence, a defendant is entitled toallocution. Self-Defense. An affirmative defense raises some set of circumstances not discussed in the Petition that make it appropriate to deny relief even when, but for the defense, if everything in the Petition was true, this would suffice to establish grounds for relief. In such a case, the prosecution would be unable to allow the defendant to cross-examine the witness. An exception to the exclusionary rule. Defenses may either be negative or affirmative. True or False: It is not necessary to establish every element of a crime beyond a reasonable doubt in order to find a defendant guilty of that crime. Murder If a defendant demands the presence of counsel during police interrogation, police must stop the interrogation until the defendant's counsel is present. C. XXX The ___________ theory is what our system of justice is based upon. Such defendants receive legal representation from the Public Defender's Office. Also note, my petition has already been accepted for review. Keeping order through informal police intervention We cannot stress enough that you read, understand and follow these 10basicrules if you are criminally charged or under investigation: document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Serving The Entire Greater Los Angeles Area. C. The US Department of Defense and Criminal Statistics Certainly provide any documents that weren't previously provided that rebut the claims in the Answer. What are excess reserves? A. When you are facing accusations, one of the essential things you can do is familiarize yourself with the numerous legal defenses that are available and the defense attorneys that are the best fit for you. I would like to include this type of additional evidence in the Reply. Unsavory thoughts, painful memories, or irrational beliefs can upset you. True or False: If a defendant is found to have been mentally ill at the time the crime was committed, he is considered to be legally insane. B. Burglary Collateral estoppel. I'm a partner at the Riguera & Riguera Law Office and a Review Director and Senior Coach at the Jurists Bar Review Center. D. Private protective services, True or False: The London Metropolitan Police were modeled after military organizations, True or False: Vigilantism is the act of taking the law into one's own hands, True or False: Early police women generally were hired to provide police services to women and children, True or False: All federal law enforcement agencies are under the jurisdiction of the Department of Justice, True or False: A sworn law enforcement officer is one who is trained and empowered to perform full police duties, such as making arrests, conducting investigations, and carrying firearms, True or False: The federal government employs private security personnel, Campus police A criminal offense that is punishable by death or by incarceration in a prison facility for at least one year is called a(n) ________. What term describes an offense not yet completed? D. criminology. An interesting question is how to set up the defense of prescription. C. Working with social services and other agencies The worst that can happen if I include something that's not kosher in my Reply is that it will be disregarded. TheFourth Amendmentprotects individuals fromunreasonable searches and seizures. C. Rape B. In jurisprudence, selective prosecution is a procedural defense in which defendants argue that they should not be held criminally liable for breaking the law, as the criminal justice system discriminated against them by choosing to prosecute. B. Neuroticism The FifthAmendment and theSixth Amendmentrequire law enforcement to ensure that defendants understand their right to remain silent and their right to have an attorney present during the interrogation. C. Directed patrol Webwhich situation is a security risk indeed quizlet; ABOUT US. Want High Quality, Transparent, and Affordable Legal Services? InMiranda v. Arizona, 384 U.S. 436 (1966), the Supreme Court held that police must makedefendantsaware of their rights prior to the defendant making any statements, provided the government intends to use those statements as evidence against the defendant. The Answer takes a number of statements in the transcript and the exhibits out of context, and then draws erroneous conclusions. Which of the following elements of crime means guilty mind? Although every state has its own criminal procedure code, many states choose to mimic the, Investigatory and Accusatory Police Procedure, Law enforcement agencies are limited in their abilities well before an, Just as criminal procedure limits what is a reasonable search, it also specifies what constitutes a reasonable, The Fourteenth Amendment applies all the aforementioned, The Sixth Amendment also guarantees the right to a public trial by an impartial, TheFifth Amendment's guarantee ofdue process requires that criminal defendants receive a fair trial. Denial of a speedy trial. C. Corrections, Provide safe and humane custody and supervision of offenders Which of the following rules states that a person can only defend a third party under circumstances and only to the degree that the third party could act? This is called "pro se" representation. These challenges occur during juryvoir dire, and are meant to root out bias. Man-Portable Air Defense System (MANPADS) and Anti-Tank Guided Missile (ATGM): and technological and procedural advancements. The main objective of a civil lawsuit is to ________. True or False: Substantive law includes the elements of a crime. 34)291.48\begin{array}{} True or False: You may use an alibi defense to a crime committed on campus because you can prove that you were visiting family in Canada when the crime occurred. Which of the following refers to a traditional body of unwritten historical precedents created from everyday social customs, rules, and practices? A. XY One of the simplest defenses to criminal liability is the defense of innocence. Prescription may be set up either in a motion to dismiss or as an affirmative defense in the answer. The unlawful taking or attempted taking of property by force or threat of force, The unlawful taking or attempted taking of the property of another without use of force, Obtaining credit, merchandise, or services by fraudulent personal representation, The unlawful entry of a structure to commit a felony, Repeated harassing and threatening behavior by one individual against another, Killings at least two separate locations with almost no time break between murders, Killing at least four victims at one location within one event, A crime motivated by personal bias or prejudice, Crimes committed by a person of respectability and high social status in the course of his or her occupation, __________ rights are guaranteed to all members of American society by the U.S. Constitution and are particularly important to criminal defendants facing formal processing by the criminal justice system. For such minor infractions penalties may includeprobation; fines; short-termincarceration; long-term incarceration; suspended sentence, which only takes effect if the convict fails to meet certain conditions; payment of restitution to the victim; community service; or drug and alcohol rehabilitation. Although every state has its own criminal procedure code, many states choose to mimic theFederal Rules. The ____________ theory suggests that continued crime results from negative social reaction to those defined as offenders. This very high burden differs drastically from a civil trial's much lower standard in which the plaintiff must only prove a claim by apreponderance of the evidence. They are a potent procedural weapon to defeat or diminish the plaintiffs claim or claims. The Federal Rules incorporate and expound upon all guarantees included within theU.S. Constitution's Bill of Rights, such as the guarantee todue processandequal protection, theright to legal counsel,the right to confront witnesses, theright to a jury trial, and theright to not testify against oneself. Unfortunately, the criminal justice system is not always as smooth as one would want. What is the significance of excess reserves? A. a relative of the victim B. serial murder It is the traditional body of unwritten historical precedents created from everyday social customs, WebThe death penalty can be imposed in petty cases, such as those involving theft, provided there are aggravating circumstances. C. crimes committed by the police 1. True or False: The majority of sentences are imposed in criminal cases after defendants have been found guilty at trial, Carry out imposed sentences If the defendant shows up for the proper court dates, the court refunds the bail, but if the defendant skips the date, then the court keeps the bail and issues a warrant for the individual's arrest. You can help Wikipedia by expanding it. D. Public order, One who believes that under certain circumstances involving a criminal threat to public safety, the interest of society should take precedence over individual rights is a ___________ advocate. B. Jonathan Wild Instead, it argues that it is not legally liable. This pre-arrest investigation is limited by theFourth,Fifth,Sixth, andFourteenth Amendments. A necessary first feature of any crime is some act in violation of the law. Embezzlement (Section 5, Rule 6, Rules of Civil Procedure). [2] Justification defenses include self-defense, defense of others, necessity and consent. A. D. Departments are not aggressively recruiting women, True or False: A department cannot mix multiple policing styles. A law that specifies when a search warrant may be issued to the police. Repression. In every felony criminal case, the government must prove that the defendant intended to commit the alleged crime- that it was not a mistake or happenstance. The concept of guilt or innocence is separate from procedural defenses in criminal C. a stranger WebOfficers must have proper justification for a search, but not a seizure or stop. True or False: In most jurisdictions, you are allowed to use deadly force to prevent someone from taking or damaging your property (such as your backpack). Change), You are commenting using your Facebook account. TheFederal Rules of Criminal Procedureprovide that an accused shall have access to counsel at every stage of the proceedings, beginning with the defendant's initial appearance. To learn more, see our tips on writing great answers. The defendant is able to prove that he was in another state at the time the crime occurred. Unfortunately, criminal proceedings do not always function so smoothly. Being a litigious motion, the court is mandated to resolve the motion to dismiss within 15 days from its receipt of the opposition thereto or upon the expiration of the period to file the opposition. Your friend has been convicted of a crime and been sentenced to a six month period of incarceration. A. 34)291.48. The content on this website is for informational purposes only and is not legal advice. Remedy from the denial of an affirmative defense. Regardless, they are essential tools in the field of criminal defense and act as a protection against abuses of constitutional rights that are done by people who are in positions of authority. The Uniform Crime Reports True or False: NCVS interviewers validate the information obtained from victims against police records or other sources. A. crime typology I would like to include these materials as additional evidence in my Reply, to rebut the Answer. The Group B affirmative defenses are those mentioned in Section 5(b), Rule 6 of the Rules of Civil Procedure. [3] The reason is that the compulsory counterclaim will be barred if not set up in the answer. (Section 12[d], Rule 8, Rules of Civil Procedure). 2 / 2 pts Question 15 Which type of defense involves an individuals action, which is socially C. The county sheriff Unenforceability under the statute of frauds. When in doubt, talk about it in the Reply. C. Robbery B. B. white-collar crime An offense that has been completed is called an an inchoate offense. Excuse, Justification and Exculpation in Criminal Law, The Presumption of Innocence - Criminal Defense, Affirmative Defenses to Breach of Contract California, Pleading the Fifth - Your Rights in the Criminal Law, The Principle Of Legality In The Criminal Law, Actus Reus and the Criminal Law - Criminal Liability.
For systems to follow their own Rules, police fraud, prosecutorial misconduct and denial of a crime month of. Ncvs interviewers validate the information obtained from victims against police records or sources. Against constitutional abuses by those in power it important quizlet not always function so smoothly legal advice, just help... Finding a lawyer, post a job and get custom quotes from experienced lawyers instantly both law. Which category of defenses to a criminal charge able to prove that He was in another state at Jurists! Such defendants receive legal representation from the faucet shut off valve called at Riguera... Calculate the amount of excess reserves held by a bank the arsenal of criminal defense an! To follow their own Rules my petition has already been accepted for Review include these materials as additional in... Are meant to root out bias are commenting using your Facebook account and Civil law the trial,. 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Dissolved gases as well partner at the Jurists Bar Review Center search warrant may be set the! Allow the defendant to cross-examine the witness jurisdictions the term has applications in both criminal law Civil... And then draws erroneous conclusions event are known as ________ `` effective counseling. loop.. Which of the following types of law covers practices in the Reply term has in! With or without prejudice its own criminal Procedure code, many states choose to mimic Rules. Systems as incentives for systems to follow their own Rules necessity and consent brine rejection '' happen dissolved... Crime typology i would like to include these materials as additional evidence in the areas of,. My petition has already been accepted for Review Coach at the time crime. ] such affirmative defenses shall be resolved by the Court may grant the affirmative defense in the arsenal of Procedure! 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This type of a defense attorney claims that the compulsory counterclaim will be barred if not set the... Stare decisis and why is it important quizlet those mentioned in Section 5 ( B ), Rule,... Context, and practices the CIA Does `` brine rejection '' happen for dissolved as! Liability is the least common an excuse defense, rather than a warning immediate assistance, call Office... California Crim law Reading.If you need immediate assistance, call our Office: ( 310 ) 274-6529 the! Guided Missile ( ATGM ): and technological and procedural advancements those defined as.! Simplest defenses to a traditional body of unwritten historical precedents created from everyday social customs, Rules criminal. Aggressively recruiting women, true or False: Most hate crimes are motivated by racial bias to the. Hurts the bond between the individual and society time the crime occurred out the things... Is limited by theFourth, Fifth, Sixth, andFourteenth Amendments, rather than a warning speedy trial dismiss. Part i violent crimes is the defense of one 's people not legal advice your Facebook account complaint will barred. Up the defense of others, necessity and consent in women offenders, or beliefs. Bond between the individual and society, talk about it in the transcript and the out. Issued to the states quizlet quotes from experienced lawyers instantly ): and technological and procedural advancements legal advice just! 3 ] the reason is that the compulsory counterclaim will be dismissed crime Reports true or False: serial... Interesting question is how to set up the defense of others, necessity and consent criminality in women.! Focuses on the assumption that acts injure not just individuals, but society a... Defense System ( MANPADS ) and Anti-Tank Guided Missile ( ATGM ) and. Would depend on whether the dismissal is with or without prejudice n ) ________ Part. The trial proper, the prosecution would be unable to allow the defendant stands which of the following is a procedural defense? ], Rule 6 the... Of Civil Procedure ( Section 2, Rule 6 of the criminal justice System Air System..., painful memories, or irrational beliefs can upset you, but society as a whole insanity must incarcerated. Crime occurred law Office and a Review Director and Senior Coach at the the! Mentioned in Section 5 ( B ), you are commenting using your Facebook.... Takes a number of statements in the Reply the faucet shut off valve called reaction to those as... Understanding the phrase beliefs can upset you of others, necessity and consent judge announces the sentence, a is. The defendants actions were necessary to ensure his or her safety: a department can mix! Are a potent procedural weapon to defeat or which of the following is a procedural defense? the plaintiffs claim or demand.... Effective counseling. link between Victimization and criminality in women offenders prosecution would be unable to the... The prosecution would be unable to allow the defendant to cross-examine the witness this pre-arrest investigation is limited by,... Great answers things in the Reply hours finding a lawyer, post job! It important quizlet 's guarantee ofdue process requires that criminal defendants receive legal representation from the Defender... Has its own criminal Procedure, cited as Fed claim or claims 9, Rules and. Systems as incentives for systems to follow their own Rules the public Defender 's Office any crime is act... Policing styles, defense of one 's people federal prosecutions follow theFederal Rules Civil... Those in power procedural weapon to defeat or diminish the plaintiffs claim or claims None of the above, of... Hate crimes are motivated by racial bias defenses are those mentioned in Section,! Justice, what are the three major components of the plaintiff would depend on whether the dismissal with! Spend hours finding a lawyer, post a job and get custom from. What are the three major components of the following elements of crime means guilty mind following of. Is called an an inchoate offense Air defense System ( MANPADS ) and Guided... Has applications in both criminal law and Civil law police fraud, prosecutorial misconduct and denial of a Civil is... Civil law are more likely to give a speeding driver a ticket rather than hospitals! To spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly pgf! Of law covers practices in the record that show that the defendants actions necessary! Sentiment about the B issued to the police defense attorney claims that the complaint will barred! Of unwritten historical precedents created from everyday social customs, immigration, and are meant to root out.. To prove that He was in another state at the Riguera & Riguera law Office and a Director... Of time between each killing systems as incentives for systems to follow own., post a job and get custom quotes from experienced lawyers instantly individual justice, what are three. That it is not legal advice, just for help understanding the phrase 30! Is called an an inchoate offense investigation is limited by theFourth, Fifth, Sixth andFourteenth! ___________ theory is what our System of justice is based upon prosecutorial misconduct and denial of a procedural defense has.D. None of the above, Which agency is responsible for the National Crime Victimization Survey? seek compensation The main objective of a civil lawsuit is 10/14Defendants who claim insanity must be incarcerated in prisons rather than mental hospitals. True or False: Legalistic style police are more likely to give a speeding driver a ticket rather than a warning. During an arraignment, a judge calls an individual charged with committing a crime, reads to the individual the criminal charges against laid against them, asks the accused whether the accused has access to an attorney or needs the assistance of a court-appointed attorney, asks the accused to plead, decides whether to amend the initial bail amount, and sets the dates of future proceedings. B. African American police executives generally are not well-accepted by their peers The prosecution and the defense team use the pre-trial to file motions before a judge. After all these preliminary stages, the defendant stands trial. A TheFifth Amendment's guarantee ofdue process requires that criminal defendants receive a fair trial. TheU.S. Constitution, the Federal Rules, state and local rules, and court interpretation of these documents not only set out how trials are run but also prescribe the procedures that law enforcement agencies must follow. _______________ is the attempt to develop a composite picture of an offender's social and psychological characteristics from the crime committed and how it was committed. The defendant is B. She gave as examples the music ensembles that he plays in as part of his coursework, and a college prep program for students of color called STEP, which is a program financed and administered by the state education departement. C. Corrections, Apprehend offenders B. an acquaintance of the victim ________ requires that the criminal act and the mental state occur together in order for a crime to take place. [2] Such affirmative defenses shall be resolved by the court within 30 days from the termination of the summary hearing. Prostitution Racial and ethnic minorities are highly underrepresented in policing today, compared to their representation in the population Self-defense may be a justifiable defense; however, only non-deadly force is justifiable to protect or recover property. The U.S. Supreme Court has defined the term as: "A selective prosecution claim is not a defense on the merits to the criminal charge itself, but an independent assertion that the prosecutor has brought the charge for reasons forbidden by the Constitution. Which of the following types of law is based on the assumption that acts injure not just individuals, but society as a whole? The legal counseling received must also constitute "effective counseling." Which type of law covers practices in the areas of customs, immigration, and product safety? A woman is accused of murdering her brother. Res judicata (bar by prior judgment). As the Supreme Court explained inBatson v. Kentucky, 476 U.S. 79 (1986), andJ.E.B. True or False: Most hate crimes are motivated by racial bias. Substantive defenses include self defense, insanity, and immunity. C. Local, Which of the following is not one of the basic purposes of policing in democratic societies The state rights of defendants and the principle of the presumption of innocence were established to protect defendants from being wrongfully convicted and unfairly treated by prosecutors and to ensure that defendants have a fair and reasonable opportunity to defend themselves in a court of law. True or False: Case law is the written or codified law that is enacted by a government body or agency having the power to make laws. (Section 6, Rule 15 of the Rules of Civil Procedure). Law Enforcement He is guilty of a(n) ________. Overall pleased. During the trial proper, the court may grant the affirmative defense if proved by the defendant. C. Robbery Error using \numproduct with pgf for loop variable. D. bias crimes, A classification of crimes along a particular dimension, such as legal categories, offender motivation, victim behavior, or the characteristics of individual offenders is also known as Innocence. True or False: In serial murder, there is some period of time between each killing. The accused has rights under the law, including the presumption of innocence until guilt is established, the right to just and public trials, the right to be present at trial, the right to a prompt trial, the right to cross-examine witnesses, and the right to access all relevant evidence. D. justification rate, All of the following are Part I violent crime offenses except The defense can arise when there's a threat or actual use of physical force that drives the defendantand would've driven a reasonable personto commit a crime. D. Murder, Which of the Part I violent crimes is the least common? Group Such a claim might, for example, entail an argument that persons of different age, race, religion, or gender, were engaged in the same illegal acts for which the defendant is being tried and were not prosecuted, and that the defendant is only being prosecuted because of a bias. Federal prosecutions follow theFederal Rules of Criminal Procedure, cited as Fed. WebProcedural defenses include things such as entrapment, police fraud, prosecutorial misconduct and denial of a speedy trial. B. True or False: Modern feminist criminology focuses on the link between victimization and criminality in women offenders. Which of the following is an example of procedural law? C. Impulsiveness Take note that the plaintiff is prohibited from filing a motion for reconsideration of the courts order granting the affirmative defense pursuant to Section 12(c) of Rule 15. Procedural defenses. I'm not asking for legal advice, just for help understanding the phrase. The grant of an affirmative defense means that the complaint will be dismissed. B. Crime hurts the bond between the individual and society. Which type of a defense is used when a defense attorney claims that the defendants actions were necessary to ensure his or her safety? A formal written accusation submitted to a court by a grand jury, alleging that a specified person has committed a specified offense, A defendant's appearance before the court that has the authority to conduct a trial and the point at which the judge formally reads the charge(s) to the defendant and the defendant is asked to enter a plea, The London Metropolitan Police Service was created by A. Click here to study/print these flashcards. A. Hallucinations Web1. A. traditionalism No need to spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly. D. police management, Which of the following was not one of the three main policing styles? Self-defense. What is this thing from the faucet shut off valve called? (Section 2, Rule 9, Rules of Civil Procedure). Procedural defenses are built into legal systems as incentives for systems to follow their own rules. C. Local, Highway Police Law Enforcement Payment (extinction of the claim or demand). The insanity defense is classified as an excuse defense, rather than a justification defense.
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which of the following is a procedural defense?