Types of Crimes and Justification
According to the Pennsylvania law, a person commits a felony of first degree when he or she engages in sexual intercourse with a complainant by forcible compulsion, threat, one who is unconscious or suffers disability(FindLaw,2020). I believe that the definitions of crimes should not be changed by creating new laws as this will make things more complicated, but rather the definitions should be modified. Crimes are becoming more and more violent with time before burglary was all about someone breaking into a house and stealing stuff, but this has changed over time. Today, a person commits a burglary offense by coming into a house stealing stuff and even ending up killing the homeowners any time of the day, which is different from the past where burglaries could only happen at night. Rape before was when someone engages in sexual intercourse forcibly by a complainant, and just like burglary today, rape can even lead to the death of the victim.
Both justification and excuse defense can be used in a trial. In justification defense, self-defense may be used to argue that the defendant’s act of violence that made him commit the crime was necessary because he was protecting himself or other people from being harmed. The rationale behind this may make one be relieved from criminal responsibility because one has a right to protect themselves and others from any kind of harm. In excuse defense, the mistake of fact can be used in a trial to eliminate the elements of the mens era in a crime. Here, the defendant may use the mistake of fact to argue that he or she committed the crime due to a mistake or not understanding the law concerning the crime (Upcounsel,2020). A mistake of fact cannot easily relieve a person of his or her criminal responsibility. However, it can serve as a defense that can be used to cancel or reform a contract id the mistaken fact was material.
References
FindLaw. (2020). Pennsylvania statutes title 18 Pa.C.S.A. Crimes and offenses § 3502 | FindLaw. Retrieved from https://codes.findlaw.com/pa/title-18-pacsa-crimes-and-offenses/pa-csa-sect-18-3502.html
UpCounsel. (2020). Mistake of fact – Criminal defense. Retrieved from https://www.upcounsel.com/lectl-mistake-of-fact-criminal-defense