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Which crimes involve general criminal intent? What are the key defenses?

User Bintz
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Final answer:

General criminal intent involves crimes that are committed without a specific intended outcome, defended by rights such as due process and against self-incrimination. Key defenses include insanity, intoxication, and self-defense. The law allows for being tried in civil and criminal court for the same action, with arguments for and against this based on the principle of double jeopardy.

Step-by-step explanation:

General criminal intent refers to a person's intention to commit a crime without any specific intent to achieve a particular result. This kind of intent underlies many different types of crimes, ranging from assault to theft. What distinguishes these offenses from those that require specific intent is the broader focus on the perpetrator's state of mind and behavior rather than on achieving a specific outcome.

Several key defenses against general criminal intent charges include insanity, intoxication, and self-defense. Due process, the right to a speedy trial, and defense against self-incrimination are also fundamental rights that can influence the proceedings in a criminal case. These rights are protected to ensure fair treatment under the law, and any infringement on these rights can potentially be used as a defense or to appeal a conviction.

It is important to note that the legal system in the United States allows for someone to be tried for the same action in both civil and criminal court. This is often debated in terms of the principle of double jeopardy, which is prohibited in criminal cases under the Fifth Amendment. The dual-sovereignty doctrine, however, states that because the parties in civil and criminal cases are different (state versus individual versus individual versus individual), double jeopardy does not apply. This approach has been both criticized for its potential for abuse and argued for on the grounds that it allows for full legal redress in situations of serious misconduct that violates both civil and criminal law.

User Lefoy
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