Chapter 11: Defenses Objective: Student should be able to identify the various possible defenses that are available to defendants in criminal cases.

No Crime Has Been Committed Defendant may present evidence to show that: No crime was committed No criminal intent was involved i.e. Yes Defendant was carrying a gun but had a permit for it or Defendant did not commit rape because woman was of age and consented.

Defendant Did Not Commit the Crime Defendant may present evidence of mistaken identity or Evidence of an Alibi: A Latin word meaning “elsewhere”; an excuse or plea that a person was somewhere else at the time a crime was committed DNA Evidence: Biological evidence, derived from testing samples of human tissues and fluids, that genetically links an offender to a crime

Defendant Committed a Criminal Act, but the Act Was Excusable or Justifiable Self Defense Defense of Property Defense of Others A person who reasonably believes there is imminent danger of bodily harm can use a reasonable amount of force in self defense. HOWEVER, can NOT use more force than appears to be necessary.

Defendant Committed a Criminal Act but Is Not Criminally Responsible for His or Her Actions Infancy: the legal defense of a person considered not yet legally responsible for his or her actions. Time before a person becomes entitled to legal rights & responsibilities normally held by citizens Presumption of infancy defense can be shown to be wrong. States that do not have an infancy defense can try based on a case by case basis

2. Intoxication Defined: A state of drunkenness or similar condition created by the use of drugs or alcohol Can claim that was so drunk could not have formed intent to kill However, if got drunk to get nerve to kill that is intent Is intoxication considered a mitigating or aggravating circumstance?

3. Insanity Defense Defined: Defense raised by a criminal defendant stating that because of mental disease or defect, the defendant should not be held responsible for the crime committed Person must have SUBSTANTIAL CAPACITY to form intent and understand the criminal act in order to be convicted Defendant must be competent to stand trial Defendant was sane during criminal act Defendant is sane after the trial

4. Entrapment Defined: An Act by law enforcement officials to persuade a person to commit a crime that the person would not otherwise have committed. If proven, entrapment is a valid defense to a criminal charge. Can NOT be used as a defense to crimes involving serious physical injury such as rape & murder

5. Duress Defined: Unlawful pressure on a person to do something that he or she would not otherwise do. Duress may be a defense to a criminal charge. Individual lacks the ability to exercise free will

6. Necessity Defined: A defense to a criminal charge that shows a just or lawful reason for the defendant’s conduct Is NOT a defense in Homicide i.e. you throw property over a boat to save the people from drowning

In Class Assignment!!! On Page 132. Complete problem 11.4 Submit it before the end of class.