Substantive Criminal Law

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The development of substantive criminal law as happened in the United States over the years, and has been a part of keeping are society some what law abiding. Substantive criminal law is written laws dealing with people versus people, people versus the government, or people versus business. It deals more with crimes and punishments unlike procedural law which would deal with statues of limitations and other court room proceedings. Types of Defenses One claim type of defense you could use to prove that you did not commit the act you are being accused of is to have an alibi. This defense is when you state that you could not have done the crime you are being accused of due to the fact you were not in the location the crime was…show more content…
This justification to some act you committed against some one else for fear of your own home or property. Self defense is a similar justification and is typically involved in cases involving defense of property or others. Both common law and Illinois law consider defense of your home and property to be a legitimate one as long as the force used to stop some one from destroying or stealing your property was considered reasonable; so if some one breaks in to your house to steal something and you end up killing them it would be considered unreasonable, now if you were to get into a fight and hurt them it would be considered more reasonable. A good scenario for both self defense and defense of home and property would be, say you saw some one breaking in to your car in front of your house one night, you go outside and approach the person after you have already called the police, the suspect sees you coming and pulls out a knives and starts heading towards you, you stand your ground and he attacks at you. You end up on the ground struggling with the guy to get the knife out of his hand when he ends up getting stabbed. The case goes to court because the robber decided to press charges. You go to court and describe what happened and say that you were trying to protect your car and belongings inside of it and had no intention of fighting with or stabbing the suspect and that you just wanted…show more content…
This threat must meet the following requirements for a duress excuse to be used; Threat must be of serious bodily harm or death, harm threatened must be greater than the harm caused by the crime, the threat must be immediate and inescapable. The defendant must have become involved in the situation through no fault of his or her own. A scenario that would represent a duress excuse, Say that you work for a bank, you get approached at your home and told that you have to aide the robbers in robbing your bank or you and your family will be killed. The robber says that if everything goes right and you do what he says no one will be hurt. The plan is to rob the bank via electronic measures and all they want you to do is attach a device to a computer that can allow them to transfer funds to a different account, while doing this you get caught and arrested. You tell the police that you were under duress at the time because you were in fear of you and your family’s life. The police than ask more about the suspect who approached you and if you thought the threat was real, you tell them that he came to you at your house and that the threat is very real and that they still are holding your family. They then send a tactical team to your house was they discover two suspects holding your family at gun point. With all the this

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