What is Your Defense? Bell work – name as many types of defense you can think of that a defendant may use in a criminal case.

Two Categories of Defense I didn’t do it! I didn’t do it! You did it, but there is a reason why you are not responsible You did it, but there is a reason why you are not responsible An affirmative defense An affirmative defense

An Affirmative Defense This slightly changes the burden of proof. This slightly changes the burden of proof. The defense also now accepts a burden of proving the affirmative defense The defense also now accepts a burden of proving the affirmative defense The prosecution still carries the original burden of proof – beyond a reasonable doubt. The prosecution still carries the original burden of proof – beyond a reasonable doubt.

Self-Defense The defendant reasonably believes there is a threat… The defendant reasonably believes there is a threat… The threat is “imminent” The threat is “imminent” Unlawful Unlawful Of bodily harm Of bodily harm To which there are, or appear to be, no available alternatives to the defendant other than the use of force, and… To which there are, or appear to be, no available alternatives to the defendant other than the use of force, and… The force used must be proportionate to the threat. The force used must be proportionate to the threat.

In Defense of Others Similar to Self-Defense Similar to Self-Defense Same principles apply to a third-party Same principles apply to a third-party

Insanity Laboring under such a defect of reason, Laboring under such a defect of reason, from a disease of the mind, from a disease of the mind, as not to know the nature and quality of the act he was doing, as not to know the nature and quality of the act he was doing, or, if defendant did know it, the defendant did not know it was wrong or, if defendant did know it, the defendant did not know it was wrong

Intoxication Involuntary Intoxication Involuntary Intoxication The defendant unwillingly or unknowingly consumed an intoxicating substance, or took medication that had a highly unlikely and unforeseeable reaction Voluntary Intoxication Voluntary Intoxication

Duress A well found fear A well found fear Generated by a threat from another Generated by a threat from another Of an imminent threat Of an imminent threat Serious bodily harm or death Serious bodily harm or death To any person To any person Not of his/her own doing Not of his/her own doing

Necessity A threat of A threat of Imminent injury to the person or property Imminent injury to the person or property For which there is no (reasonable) alternative except the commission of the crime For which there is no (reasonable) alternative except the commission of the crime The defendant’s act must prevent an equal or more serious harm (lesser of two evils) The defendant’s act must prevent an equal or more serious harm (lesser of two evils) The defendant must not have created the conditions of his/her own dilemma. The defendant must not have created the conditions of his/her own dilemma. An example – a woman drives drunk to get away from her husband who was wielding a knife and threatening to kill her. An example – a woman drives drunk to get away from her husband who was wielding a knife and threatening to kill her.

Entrapment The government causes an otherwise innocent person to perform a criminal act for the purpose of prosecution. The government causes an otherwise innocent person to perform a criminal act for the purpose of prosecution. Entrapment can only be committed by a government agent. Entrapment can only be committed by a government agent. For example – an undercover officer asking someone to purchase drugs. For example – an undercover officer asking someone to purchase drugs.

Battered Woman’s Syndrome The woman believes the violence was her fault. The woman believes the violence was her fault. The woman has an inability to place the responsibility for the violence elsewhere. The woman has an inability to place the responsibility for the violence elsewhere. The woman fears for her life and/or her children’s lives. The woman fears for her life and/or her children’s lives. The woman has an irrational belief that the abuser is omnipresent (is everywhere) and omniscient (knows everything). The woman has an irrational belief that the abuser is omnipresent (is everywhere) and omniscient (knows everything).

Fact Patterns Read the three fact patterns and write a response that Read the three fact patterns and write a response that explains which defense strategy you would take, explains which defense strategy you would take, explains if the defense strategy would be effective explains if the defense strategy would be effective and why you believe the strategy is effective or not. and why you believe the strategy is effective or not.