Defenses 4 main types of Defenses 4 main types of Defenses

1. No Crime has been committed Defense alleges that the act itself was not criminal or that there was no criminal intent Defense alleges that the act itself was not criminal or that there was no criminal intent

2. The defendant did not commit the crime Mistaken identity Mistaken identity (SODDI) (SODDI) Alibi Alibi The Innocence Project The Innocence Project

3. Defendant committed a crime but it was justified Self defense Self defense Deadly force – person reasonably believes there is imminent danger of death or bodily harm (See Bernard Goetz) Deadly force – person reasonably believes there is imminent danger of death or bodily harm (See Bernard Goetz)

Bernard Goetz goetz goetz goetz

4. Defendant committed the crime but is not criminally responsible Infancy – how young is too young? Infancy – how young is too young? youngest youngest youngest

Intoxication Voluntary or involuntary Voluntary or involuntary

Insanity

Insanity defense seldom used seldom used VERY seldom successful VERY seldom successful Substantial capacity Substantial capacity Competent to stand trial? Competent to stand trial? Sane at the time of the act? Sane at the time of the act? Sane after the act? Sane after the act?

Entrapment Induced or persuaded by a law enforcement officer Induced or persuaded by a law enforcement officer

Duress Coercion, lack of free will Coercion, lack of free will

Necessity Unavoidable, necessary to protect life Unavoidable, necessary to protect life