ABSTRACT
Chapter 10 considers the area of criminal defences. These defences operate in various ways to remove criminal responsibility from someone, even if that person has the right actus reus and mens rea for an offence. The defences considered in this part of the chapter are insanity, infancy, voluntary and involuntary intoxication, automatism, self-defence, duress through threats, duress of circumstances, and necessity. Relevant statute and case law are explained for each criminal defence. The second part of Chapter 10 uses the idea of criminal defences removing criminal responsibility in certain circumstances to relate to how criminal justice courts and punishment agencies use the concept of responsibility when dealing with those convicted of crime. The criminal justice section of the chapter considers sentencing policy and practice evidence, as well as evidence of how probation and prison workers use the concept of individual responsibility in responding to crime. The chapter’s conclusion returns to the Chapter 1 roadmap theories to make sense of the issues discussed previously in the chapter.
