Justification Defenses Affirmative Defenses Justification Defenses http://www.youtube.com/watch?v=6FY6-h1hb1A Defenses for crimes!

What is it? A claim that the defendant did it, but because of circumstances, they should not be punished. The defendant has the burden of proof.

Entrapment Encouraged to commit a crime the defendant wouldn’t commit otherwise Police must do more than provide opportunity Predisposition

Self-Defense To prove self-defense the defendant must show: Reasonable belief force was required for protection Immediate danger of harm or crime Force used must be proportionate to the threat Defense of others/ of home/ of property Defense of other is the same as defending yourself

Necessity A crime to avoid a greater evil Reasonable belief of a imminent threat or crime Must not have created the conditions of his own dilemma No reasonable alternative- couldn’t accomplish the same objective with a legal alternative Deadly forces can’t be used in a non-deadly attack

Duress A crime that was forced due fear of immediate injury/ other consequences. Doctrine of Duress: Imminent threat of serious bodily harm or death A well founded fear the threat would be carried out No reasonable chance to escape or frustrate that threat Not of his/her own doing Criminal acts must be voluntary

QUESTIONS Two brothers, 8 and 5, just finished watching an old, western movie. Later, while playing cowboys and Indians, the 8 year old gets his father’s gun from the dresser and while pretending to shoot his brother, the gun went off, and his brother was killed. Did the 8 year old commit murder? Should a 10 year old charged with murder be tried as an adult and, if convicted, receive an adult sentence?

To be convicted of a crime, the defendant must demonstrate capacity and the ability to be responsible. Lack of capacity: Infancy Insanity Intoxication

Infancy Defendant is too young to understand crime or its consequences Usually under 14… juvenile system

Insanity Successful in less than 1% of cases! If found guilty by reason of insanity, must be incarcerated in a psych. facility until deemed not to pose a danger to society M’Naughten Test: Didn’t understand what they were doing and/ or didn’t know that the crime was wrong defect of reason Durham: (vague, so only used by NH) Act was caused by mental illness/ disease/ or defect Model Penal Code: Don’t know conduct is wrong

Intoxication Involuntarily/ unknowingly ingested Not self inflicted Person was “drugged” Took meds and had a highly unlikely and unforeseeable reaction