Difference between revisions of "Vietnam Criminal Defense Manual - Preparation of the defense"
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* The accused possessed the property | * The accused possessed the property | ||
| − | + | '''Robbery:''' | |
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| − | + | * Property is taken from an owner | |
| − | + | * There was use of force or threats | |
| − | + | * With a weapon | |
| − | + | * Without a weapon | |
| + | * Injury accompanies the act | ||
| + | * The value of the item taken | ||
| + | * The accused possessed the property | ||
| + | '''Crimes Before the Act''' | ||
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| + | * Conduct that is a substantial step in the attempt of a crime | ||
| + | * Intent to cause another to engage in a crime by solicitation | ||
| + | * To conspire with the intent to enter an agreement with one or more persons to commit a crime and one person acts to further the conspiracy. | ||
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| + | '''Mental States''' | ||
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After reviewing the elements of a crime, the next step in formulating a defense is to look at the mental state that applies. The mental state of the accused is not always easy to prove. "Who", it has been said, "really knows what their brother thinks?" Mental state is usually proved by looking at how a person acts and the emotional state that accompanies that action. Typically, an intentional act is punished more severely than a negligent or reckless act. | After reviewing the elements of a crime, the next step in formulating a defense is to look at the mental state that applies. The mental state of the accused is not always easy to prove. "Who", it has been said, "really knows what their brother thinks?" Mental state is usually proved by looking at how a person acts and the emotional state that accompanies that action. Typically, an intentional act is punished more severely than a negligent or reckless act. | ||
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| + | '''Suggested Mental States''' | ||
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Here are some suggested mental states that apply to common crimes. | Here are some suggested mental states that apply to common crimes. | ||
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| − | + | '''Intentional''' | |
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| + | * Clear knowledge | ||
| + | * Certain, firm action | ||
| + | * Socially dangerous acts | ||
| + | * Spoken intent | ||
| + | * Clear indifference to the consequences | ||
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| + | '''Negligent''' | ||
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