The possibility of defences in criminal law being a leeway to crime
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Date
2013-05-21
Authors
Chisengele, Micheal
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Abstract
The pleading of defences is one essential aspect of criminal law. This is basically because defences in criminal law are applicable in almost every crime one would commit. This simply shows that not every act of theft, murder, robbery or assault is intentionally done and that not every person who commits such an offence deserves to be arrested. This emanates from the background that every accused person has got the right to be heard. Accused persons must be given a chance to explain the circumstances in which they committed the offence and state if they plead guilty or not guilty. It is in this light that one can state if they have any defence as provided for in the law.
This essay is an attempt to discuss the possibility of defences in criminal law being a leeway to crime. This is in recognition of the fact that in as much as they law provides for defences for 'innocent' offenders, there is a possibility that some offenders would want to use these defences as a leeway to crime. This essentially because when ones plea of a defence is successful, they are acquitted or get a much lesser sentence.
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Keywords
criminal law , Defense(criminal proceedure)