RESPONSIBILITY OF CRIMINAL ACTS Criminal Defenses RESPONSIBILITY OF CRIMINAL ACTS

Defenses For a conviction to occur in a criminal case, the prosecutor must prove BEYOND A REASONABLE DOUBT that the defendant committed the act in question

Types of Defenses NO crime has been committed No Crime Committed Ex: Show there was no rape b/c she was of legal age and consented No Criminal Intent Ex: Mistakenly took the wrong coat from a restaurant

When is a criminal act considered Excusable OR Justifiable? SELF-DEFENSE a person unlawfully attacked may use reasonable force in self-defense DEFENSE OF PROPERTY Reasonable non- deadly force may be used Runyan v. State (57 Ind. 80) is a case which is one of the earliest cases to strongly support and establish in U.S. law an individual's right to initiate self-defense actions up to and including the justifiable use of lethal force against an aggressor. Some states also include a duty to retreat (exceptions include Louisiana and Florida: see castle doctrine), when deadly force may only be used if the person is unable to safely retreat. A person is generally not obligated to retreat if in one's own home in what has been called the castle exception (from the expression "A man's home is his castle"). When is a criminal act considered Excusable OR Justifiable?

YES! INFANCY Children under a specific age shall not be tried for their crimes but shall be turned over to juvenile court system INTOXICATION Were so drunk or high it altered their mental state. Voluntary intoxication generally is not a defense—may only be a valid defense if the crime requires proof of a specific mental state Can a defendant commit a criminal act but not be Criminally Responsible for his or her actions?

Cont’d INSANITY People with a mental disease should not be convicted if they don’t know what they are doing or don’t know right from wrong Only applies if the accused was insane at time of crime If found NOT guilty then must enter mental institution

Cont’d ENTRAPMENT Defendant claims that he or she was induced, or persuaded, to commit the crime by a law enforcement officer Officer may provide the defendant with an opportunity to commit a crime EX: NOT an undercover cop posing as prostitute or drug dealer Postal inspectors, pretending to be a variety of different sellers of pornography, spent over two years persuading a man to send away for obscene photos. The court ruled that this was entrapment.

Cont’d DURESS Defendant does something as a result of coercion or a threat of immediate danger NECESSITY Compelled to react to a situation that is unavoidable in order to protect life EX: Gun to head and asks for money so you steal some EX: Boat set asail has too much cargo, can dump cargo to keep it from sinking—not charged with destruction of property

Does any defense fit these situations? Peter is charged with assault with a deadly weapon. He was walking down the street. Without warning, a man began beating him with a rolled-up newspaper. Peter pulled out a gun and shot him. Officer Martin, in plain clothes, approached Martha on the street and offered to sell her a “hot” radio for a cheap price. Martha at first refused, but the officer persuaded her to buy it. He then arrested Martha for receiving stolen property.

Does any defense fit these situations? Karen had her home burglarized twice in the last month. One evening, she heard a noise on her front porch. She grabbed her son’s baseball bat and flung open the door to discover a man bending forward with his hand on the doorknob. He jumped upright and reached into his pocket. Afraid that he had a weapon, Karen struck him across the face, partially blinding him. As it turned out, the man had come to ask for a charitable donation and had been reaching for his identification card. Karen had been charged with assault with a deadly weapon.

Does any defense fit these situations? Kim is battered women. Her husband routinely abuses her. One night after drinking her husband comes home and beats her significantly. He warns her that he is going to “finish” the job in the morning. Scared for her life she locates his gun and shoots him in his sleep.