Intro to Paralegal Studies Practice

Which type of criminal defense involves justifying the act committed?

1. Negating mens rea

2. Insanity defense

3. Self-defense

4. Intoxication

The correct answer is: Self-defense

The type of criminal defense that involves justifying the act committed is self-defense. This defense is based on the premise that an individual acted to protect themselves from imminent harm or danger. In a situation where a person reasonably believes they are facing a threat, and they respond with force, self-defense serves as a justification for their actions, as the law recognizes the right to protect oneself from harm. This justification is rooted in the idea that the force used must be proportionate to the threat faced, meaning that an individual may only use reasonable force, and lethal force is typically justified only in extreme circumstances. The key to self-defense is the justification of the defendant's actions in light of an immediate threat, showing that they were necessary to prevent harm. Other defenses, such as negating mens rea, focus on the absence of intent or knowledge, rather than justifying the action. The insanity defense argues that an individual was not in a state of mind to understand the nature of their actions, while intoxication typically serves to argue that an individual's ability to form intent was impaired. Each of these defenses serves a different purpose and is based on distinct legal principles.