Chapter 11 http://www.youtube.com/watch?v=dM5TpM6Rttg&feature=related

Defenses In a criminal case, the prosecutor MUST establish, BEYOND A REASONABLE DOUBT that the defendant committed the act in question with the required intent The defendant is NOT required to present a defense but can simply for the government to prove its case However, if a defense is required, there are a number of possible defenses available…

Defenses The defendant may present evidence to show that: No criminal act was committed No criminal intent was involved

Defenses No criminal act was committed In a gun possession charge, a defendant might attempt to show that he/she was carrying a gun but had a valid license In the case of rape, the woman had consented

Defenses 2. No criminal intent was involved In this case, a defendant charged with theft may attempt to show that he/she took a coat mistakenly when leaving a restaurant In this case, the defendant is innocent of larceny because it was an unintentional, honest, and reasonable mistake.

Other Defenses DEFENDANT DID NOT COMMIT THE CRIME Often doubt exists that a criminal act has been committed, in such cases, the biggest question is WHO DID IT? In this situation, the defendant might present an alibi, evidence that the defendant was somewhere else at the time the crime has been committed

Other Defenses DEFENDANT DID NOT COMMIT THE CRIME Another way to determine if the person in question, or suspect, committed the crime is DNA Evidence DNA Evidence is biological evidence, derived from testing samples of human tissues and fluids, that genetically links an offender to a crime

Other Defenses DNA Evidence has revolutionized crime, prosecution, and even judgments/ verdicts being overturned

Other Defenses DEFENDANT COMMITTED THE ACT, BUT IT WAS EXCUSABLE OR JUSTIFIABLE Sometimes an otherwise criminal act may be considered excusable or justifiable Defenses in this category include Self-Defense Defense of Property Defense of Others

Other Defenses Self-Defense- is the right for civilians acting on their own behalf to engage in violence for the sake of defending one's own life or the lives of others, including the use of deadly force. http://www.njlaws.com/self-defense.htm http://www.newjersey-legal-guide.com/New-Jersey-Self-Defense.html

Other Defenses DEFENDANT COMMITTED THE ACT BUT IS NOT CRIMINALLY RESPONSIBLE Some defenses in a criminal case rest on the defendant’s lack of criminal responsibility Although it is acknowledged that he or she committed the criminal act, he or she may be considered not criminally responsible

Other Defenses DEFENDANT COMMITTED THE ACT BUT IS NOT CRIMINALLY RESPONSIBLE In this category are the defenses of Infancy Intoxication Insanity Entrapment Duress Necessity

Other Defenses INFANCY Infancy is the specified age that children have the opportunities to try their case in juvenile court Some states have infancy laws, others leave it to the prosecutors to decide whether to prosecute the minor as an adult or a juvenile

Other Defenses INTOXICATION Intoxication is a defense where a defendant claims that at the time of a crime, they were so drunk on alcohol or high on drugs that they did not know what they were doing As a general rule, VOLUNTARY INTOXICATION IS NOT A VALID DEFENSE FOR A CRIME

Other Defenses INTOXICATION However, intoxication, may sometimes be a valid defense if the crime requires a proof of a specific mental state. For example: Grady is charged with assault with intent to kill. He claims he was drunk, if he can prove that he was so drunk that he could not have formed the intent to kill, His intoxication may be a legal defense, even though the assault charge cannot be taken away If he was drunk and decided he wanted to kill the victim in that state, he can just move to assault as the charge

Other Defenses INSANITY Insanity is a defense raised by a criminal defendant stating that because of a mental disease or defect, the defendant should not be held responsible for the crime committed In essence, the defendant could not tell “right” from “wrong”

Other Defenses INSANITY The key idea behind the Insanity defense , in states do not have an insanity defense is lacking idea of “Substantial Capacity” to understand what they did was wrong. During a criminal proceeding, the mental state of the accused can be an issue in determining 3 factors

Other Defenses INSANITY The 3 factors determining the mental state of an accused are: The Defendant is competent to stand trial The Defendant was sane during the time of the criminal act The Defendant is sane after the trial

Other Defenses INSANITY Three verdicts happen traditionally in criminal trials: Guilty Innocent Not Guilty by Reason of Insanity If convicted of insanity In some states, it means immediate commitment to a mental institution

Other Defenses INSANITY A new verdict has been replacing insanity called “Guilty but Mentally Ill This means defendants are found guilty, put into a mental institution then released to jail after they have been mentally rehabilitated.

Other Defenses INSANITY A new verdict has been replacing insanity called “Guilty but Mentally Ill This means defendants are found guilty, put into a mental institution then released to jail after they have been mentally rehabilitated.

Other Defenses INSANITY To prove insanity, the defense must produce evidence of a mental disease or disorder The ultimate decision lies with the judge or jury when the verdict is reached Four states have abolished the defense: Montana, Idaho, Kansas, and Utah All said and done, it only accounts for about one percent of criminal cases and when it is used it seldom works for a defendant

Stop… and Think! (Blue Ranger level) List the ways that the “Self-Defense” is constantly and commonly misinterpreted and misunderstood by society… (Pink Ranger Level) Have you or someone you know been involved in a situation like the ones presented in the “No Crime Was Committed?” notes. Summarize what happened and what the resolution of this event was… (Red Ranger Level) Cite evidence and compare how “DNA evidence” is a double edged sword of both a weapon of defense and of prosecution… (Green Ranger / White Ranger Level) Apply concepts that you learned about the insanity defense and how could society be better informed about how this defense is anything but lenient or “an easy out” if used…

Stop… and Think! (Do Now) (Toad’s Turnpike level) Recall all the defenses you have learned about so far and identify which is the easiest to prove… (DK’s Jungle Parkway level) Make observations about these defenses you have learned about and classify which is the hardest to prove… (Bowser’s Castle level) Draw conclusions on why the Insanity Defense is often misunderstood compared to other defense… (Rainbow Road level) Critique these defenses and connect what possible defenses/ other reasons for innocence will also be discussed before the duration of the chapter

Other Defenses INSANITY Recent example of Insanity Defense “working” is Andrea Yates http://en.wikipedia.org/wiki/Andrea_Yates

Other Defenses Entrapment Entrapment defense applies when the defendant admits to committing a criminal act, but claims he or she was induced, or persuaded, by a law enforcement officer to commit the crime. There is no entrapment when police merely provide the defendant with an opportunity to commit the crime

Other Defenses Entrapment Entrapment defense applies when the defendant admits to committing a criminal act, but claims he or she was induced, or persuaded, by a law enforcement officer to commit the crime. There is no entrapment when police merely provide the defendant with an opportunity to commit the crime, RATHER, it MUST BE SHOWN that the defendant would not have committed the crime if not for the inducement of the police officer

Other Defenses Entrapment Entrapment is difficult to prove It cannot be claimed as a defense to crimes involving serious physical injury such as Rape Murder

Other Defenses Duress Duress is when a person does something as a result of coercion or a threat of immediate danger to your life or personal safety Under duress, an individual lacks the ability to exercise free will . “Gun to your head and your forced to…”= Duress

Other Defenses Necessity Necessity is when a person is compelled to react to a situation that is unavoidable in order to protect life For example: A group is in a lifeboat after a shipwreck and to get more people on this boat, they dump cargo also in the boat in the water. These people cannot be charged with destruction of property

Stop… and Think! (Ferrari F60 level) Recall Duress and Necessity: which would be the easiest defense to use, which one the hardest? (Bugatti Veyron Level) On iPads, look up a case where Duress and Necessity were used as defense and summarize the case … (Lambo Veneno Level) Hypothesize how someone could use Entrapment as a defense, look up a case where this happened for help… (Koenigsegg Level) Analyze the “New Insanity Defense” and critique how the public could now look at this defense in its modern sense…