Defenses to Crimes Criminal Law – Chapter 2

Defenses to Crimes Two defining elements of a crime: The criminal act The required state of mind A defense often used in criminal cases is the failure of the prosecution to prove one of those needed elements. Multiple defenses used against prosecutor* Burden of proof lies with prosecution in criminal trial

Insanity American law recognizes persons cannot be held responsible for their actions IF they do not know what they are doing No purpose to imprison someone who should be under the care of mental health professionals Insanity plea is recognized as a valid defense to criminal conduct

Insanity – Tests Used in Trial American Law Institute (ALI) Developed a modern insanity test Approximately 2/5 of the states use this test Other various tests used Burden of Proof Majority of states = burden placed on defendant Minority of states = burden placed on prosecutor

Entrapment When a law enforcement officer induces a law-abiding citizen to commit a crime, it may be used as a defense to excuse the defendant. Must show/prove this crime would not have been committed had it not been the inducement of the officer. Example 8, p. 31. http://www.youtube.com/watch?v=Z4uEB3yxiFE

Self-Defense When persons have good reason to believe that they are in danger of serious injury or death, they can use force to protect themselves Except in one’s own home, the person claiming self-defense must do this: Retreat (if possible) before resorting to force Show that he/she did not start altercation in the first place

Self-Defense In all situations: The person claiming the defense of self-defense must not have used force than was necessary to stop the unprovoked attack. http://www.youtube.com/watch?v=wsyadz5a5e8

Defense of Family Members If a person uses force to rescue a family member who has been attacked, most states will not punish the rescuer. Rescuer must have good reason to believe that the victim was in danger of severe bodily injury or even death. Need not retreat if the attack on the family member takes place in his/her own home Example 9, p. 31

Sentencing Convicted Criminals Sentence – an appropriate punishment determined by a judge for a person who is found guilty of a particular crime. Penalties under the law include: Fines Imprisonment Death

Fines Fine – the payment of a specified amount of money as a penalty for committing the crime Commonly used when the crime is considered a lesser offense Additional form of punishment for serious crimes (fine + imprisonment)

Imprisonment Different ways of handling question of imprisonment Judges hand down indefinite/indeterminate sentences (5-10 years) Judges hand down definite/determinate sentences (25 years exact) Good behavior may lessen prison time unless statute calls for mandatory sentence

The Death Penalty 1972 U.S. Supreme Court on DP Constitutional if enough guidelines to ensure people were treated fairly Judges and juries cannot give out death penalty whenever they wish New death penalty laws after this decision 3 phases for murder trials (DP to happen) 1- Jury determines guilt/innocence of person 2- If found guilty, a presentence hearing takes place 3- Appeal to the state’s highest court