Defense KRS 503, 500.070,

Defense A denial, answer, or plea opposing the truth or validity of the plaintiff’s case.

Objective I can list and describe the four general categories of criminal defense. I can analyze a situation to determine whether a successful defense is available.

No Crime has been committed Defendant can show that no crime was committed Or Defendant can show that there was no criminal intent

Defendant did not commit the crime Defendant can show there was a mistake in identity Defendant can provide proof that he could not have committed the crime (alibi)

Defendant committed a criminal act, but the act was excusable or justified. When Self-defense Defense of Property Defense of another person Limitations Reasonable force must be used for all three Reasonable belief in imminent threat of harm Deadly Force Deadly force only when belief in imminent danger of death or serious bodily harm.

Defendant committed a criminal act but is not criminally responsible for his or her actions. Infancy – see juvenile code Intoxication Drunk or high that defendant does not know what they did Cannot be voluntary intoxication Unless used to show incapable of producing necessary mental state. Insanity Inability to distinguish between right and wrong due to mental disease or defect. Substantial capacity Whether the defendant is competent to stand trial Whether the defendant was sane at the time of the criminal act Whether the defendant is sane after the trial Insanity defense only applies if the accused was insane at the time of the crime.

Continued Duress Entrapment Necessity Commits wrongdoing as a result of coercion or a threat of immediate danger to life or personal Entrapment Defendant committing a criminal act that he or she was induced, or persuaded, to commit by a law enforcement officer. Necessity Compelled to react to a situation that is unavoidable in order to protect life.

Self-Defense Elements Attack on the defendant must be unprovoked. Did not cause or invite the attack Throwing the first punch Threatening or taunting Attack must be imminent (in progress or obviously about to occur) At the time in which protection from the state is not available Force used as a defense is reasonably necessary to repel the attack. Dead force is justifiable against an attack that appears to threaten life or cause serious injury. Seriousness of attack and belief in necessity of defensive force must be reasonable. Size, age, physical ability of the attacker and whether the attacker is armed or has a history

Self-Defense Continued Imperfect Retreat One of the elements in a perfect defense (self- dense) is missing. Attack is likely to cause death or serious injury, requiring deadly force (AND) Retreat in COMPLETE safety must be possible. Under the castle doctrine, defenders need not retreat from an intruder in his/her own home.

Homework: Answer and be ready to discuss Do you think the “objective” definition of “reasonable” in the Goetz case in New York would be different from that in a quiet, small town? Do you think Goetz was entitled to a self-defense claim? Do you think Goetz’s self-defense was “premeditated”?