Defenses Pages 110-114. No Crime Has Been Committed The defendant usually must present evidence to show either… 1.There was no crime committed 2.There.

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Presentation transcript:

Defenses Pages

No Crime Has Been Committed The defendant usually must present evidence to show either… 1.There was no crime committed 2.There was no criminal intent

Defendant Did Not Commit the Crime Alibi- evidence that the defendant was somewhere else at the time the crime was committed

Defendant Committed a Criminal Act, but the Act Was Excusable or Justified Self Defense Defense of Property and Others

Self Defense Reasonable force against unlawful attacks Reasonable force to defend another person from an attack that is about to occur Cannot use more force than appears necessary If defender continues to attack after the attacker is stopped, it is no longer self- defense

Self Defense/Defense of Property Deadly force can be used only when a person reasonable believes imminent death or serious bodily harm may occur Reasonable, non-deadly force to protect property varies from state to state

Defendant Committed a Criminal Act but Is Not Criminally Responsible for His or Her Actions Infancy Intoxication Insanity Entrapment Duress Necessity

Infancy Traditionally age 7 & under considered legally incapable of committing a crime Ages 7-14 usually go to juvenile court

Intoxication Voluntary intoxication is usually NOT a defense May be used as a defense if mental state is in question Ex: Assault w/ intent to kill: If drunk, may argue there was no intent to kill, unless the person got drunk in order to work up his/her nerves to kill

Insanity The defendant did not know what they were doing The defendant can not distinguish between right and wrong Insanity defense only applies is accused was insane at the time of the crime

Entrapment Defendant admits to committing a crime but was induced or persuaded to commit the crime by law enforcement Very difficult to prove

Duress Person commits a crime as a result of coercion or threat of immediate danger to life or personal safety. Lacks ability to exercise free will

Necessity The individual is compelled to react to a situation that is unavoidable in order to protect life. Not a homicide defense

Can entrapment be claimed as a valid defense in either of the following cases? Mary, an undercover police officer masquerading as a prostitute, approaches John and tells him she’ll have sex with him in exchange for $ John hands over the money and is arrested.

Scenario #2 Marvin, a drug dealer, offers to sell drugs to Walter, an undercover police officer disguised as a drug addict. Walter buys the drugs, and Marvin is arrested.