The Investigators, LLC Hawaii (A Hawaii Private Investigation Agency)

Private investigators should consider whether there may be affirmative defenses available to a defendant.  There are many recognized defenses to criminal liability, although the defenses available to a particular defendant depend upon the crime charged.

In an affirmative defense, the defendant admits that what he did was wrong but argues that, under the circumstances, he was not responsible for what he did.

1. Infancy

2. Insanity

3. Diminished Capacity

4. Intoxication:  Depends upon whether the accused was voluntarily or involuntarily intoxicated.  While involuntary intoxication may be a complete defense, voluntary intoxication is never a defense, although it may sometimes be used to prove lack of mens rea.

5. Ignorance or Mistake of Fact:  Ignorance or mistake as to matter of fact will prevent liability if it shows that the defendant lacked a mental state essential to the crime charged.  Simple ignorance (i.e., defendant never thought about the matter) or affirmative mistake (i.e., defendant thought about the matter but reached a wrong conclusion) that negatives an essential mental state is a valid defense.

6. Ignorance or Mistake of Law:  Generally, ignorance or mistake of law is no excuse: i.e., it is no defense to the commission of a crime that the defendant was unaware that the acts were prohibited by the criminal law or that defendant mistakenly believed that the acts were not prohibited.  The exceptions are:   (1)  Reliance upon statute later held unconstitutional;  (2)   Reliance upon judicial decision;  (3)  Reliance upon official interpretation.  Sometimes, the mens rea aspect of a particular crime requires a certain belief concerning a legal matter.  In such cases, if the defendant was ignorant or mistaken as to the legal matter, the prosecution may be unable to establish the mens rea required for liability and no conviction can be obtained.

7. Necessity or Justification:  Defense is available where the accused acted in the reasonable belief that perpetration of the offense would prevent the occurrence of a greater harm or evil.

8. Duress:  It is a defense to all but the most serious crimes that the defendant committed the criminal act under "duress" or "coercion."

9. Entrapment:  It is a defense to most crimes that the defendant was "entrapped" into committing the act by a law enforcement officer or one acting as agent of a law enforcement officer.

10. Consent:
    

11. Self-Defense

12. Defense of Others

13. Protection of Property

14. Crime Prevention

15. Public Authority

We here at The Investigators, LLC,  are knowledgeable of the criminal law, it's requisite elements (Mens Rea, Actus Reus, Attendant Circumstances, and Causation) and their defenses.  These are the foundation for an investigator's perspicacity necessary for evidence discovery and acquisition.  We have the experience and training.  Our requisite professional credentials have earned us the compulsory credibility necessary to educe cooperation from individuals with relevant and reliable information.

We are trained and experienced with preparing cases for defense and prosecution.  Preparations include recognizing, developing, and presenting evidence that reconstructs events, sequences and time elements for presentation to the trier of facts.

Our reports are comprehensive, thorough, and may include addenda of supporting documentation, videos, photographs and/or drawings.

Above all, we are committed to the axiomatic norms of professionalism.  All investigations are confidential and conducted within the parameters and limitations of authority using personal initiative in the management of all cases at a nominal expense.

Talk to us for a free consultation we may save you an enormous amount of money on pre-trial discovery, investigation inquiries, and evidence acquisition.

It may be economically prudent to give us a call or text at:

(808) 218-1025 

email:

george@pibureau.us

george@theinvestigatorsllc.com 

Hawaii State License #

PD-312