Criminal Defenses Criminal Justice Sutton Memorial High School

EXCUSES INFANCY INSANITY INTOXICATION MISTAKE OF FACT MISTAKE OF LAW DURESS NECESSITY ALIBI*

INFANCY Common Law Defense – Under 7 (doli incapax) – Inability to form requisite intent – 7-14 presumption of inability unless compelling evidence can be shown. – 14 and older intent can be formed

INSANITY Insanity – Legal term not medical – Difference Normal v. Abnormal – Presumption is that a person is sane Defendant must present insanity Then state must prove sanity* May be raised at any point of case. – M’Naugten Rule

M’Naughten Rule

INTOXICATION Intoxication-Diminished ability to form intent Voluntary- intentionally consume intoxicating substance. – Generally not a defense – Specific Intent cases Involuntary – Forcible drinking – Unknown intoxication What about an alcoholic?

MISTAKE OF FACT Occurs when a person commits an act in good faith and with reasonable belief that a certain set of facts exist that would make the act innocent. Exceptions: 1. Intent not an Element 2. Committing a different wrong 3. Culpable negligence

MISTAKE OF LAW Ignorance of the Law is No Excuse Usually – Presumption that you should know the law. – Obscure, little use and local laws may give rise to this defense.

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