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Affirmative defences

 

 

 

 

Affirmative defences fall under the categories of justification and excuse. Answer these questions:

1) Discuss the legal and practical differences between a justification and an excuse.

2) What is needed for an insanity plea to be approved by the courts? Give an example of a case that was approved for the insanity plea and the requisites behind that decision.

3) After Bill was arrested for robbery, his mental condition went from functioning to nonfunctioning. He no longer can help his lawyer defend him because he is no longer competent. What defense, if any, does Bill have to the charge of robbery? Will he be successful?

4) How did conducting research and going through each step of legal analysis help you to reach this conclusion? Analyze how you applied critical thinking and legal analytical skills to assist you in this regard. What new research and/or analytical tool or method did you try for the first time this week? What do you think you do well and what would you like to strengthen so that you continue to improve?

5) Collaborate with each other as the week goes on to make all aspects of this Discussion as robust as possible.

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