Defenses

Whose Job? Prosecution has burden of proof to show defendant is guilty Defendant has the right to present a defense, but is not required to (5 th amendment)

No Crime Committed Alibi: evidence a defendant was somewhere else when crime was committed ▫Can include DNA No intent: a reasonable mistake was made

Act was Justifiable Self-defense (self-protection in DE): immediate danger, no escape route, protecting against death or serious harm Defense of property: when an intrusion occurs in the home; usually non-deadly force Defense of others: Good Samaritan Law

Not Criminally Responsible Infancy: under 7yrs old Intoxication IS NOT a defense ▫Can show specific mental state to avoid harsher sentence Insanity: don’t know what happened, didn’t know it was wrong ▫Only applicable if Def. was insane at time of crime

Entrapment Law-enforcement officer persuaded Defendant to commit crime

No way out! Duress: Def. commits crime b/c of coercion or immediate threat to life or safety ▫Not applicable to homicide Necessity: Def. is compelled to act in order to protect life ▫Not applicable to homicide