Chapter 11 DEFENSES

 In a criminal case, prosecutor must establish beyond a reasonable doubt that defendant committed the act with intent.  Defendant not required to present a defense  Defendant can force the government to prove its case  Only a number of defenses are available CONVICTION

 No crime committed  Did not commit the crime  Committed the act, but it was excusable or justifiable  Committed the act but was NOT criminally responsible DEFENSES

 Defendant presents evidence to show 1.No crime was committed or 2.No criminal intent was involved because it was a mistake NO CRIME COMMITTED

 Defendant tries to prove a mistaken identity by offering an alibi (evidence that the defendant was elsewhere at the time of the crime)  Biological/DNA evidence - DNA testing to prove who is responsible. DEFENDANT DID NOT COMMIT THE CRIME

 Self-defense  Defense of property  Defense of others  Law allows people to use deadly force if Imminent danger exist.  Law allows people to use reasonable force to protect themselves, their property, and others from harm DEFENDANT COMMITTED A CRIMINAL ACT, BUT IT WAS EXCUSABLE OR JUSTIFIABLE

 Defendant has reasons why the law should not consider him/her responsible  Several reasons the may be excused:  Infancy – under a specified age not responsible  Intoxication – drunk so therefore, not responsible  Voluntary intoxication is NOT a defense  Insanity – mental disease or disorder (used in 1% of criminal cases)  Entrapment – induces or persuaded by law enforcement (difficult to prove and cannot be a defense in rape or murder cases)  Duress – lacks ability to exercise free will (not a defense to homicide)  Necessity – unavoidable to protect life (not a defense to homicide) DEFENDANT COMMITTED CRIMINAL ACT, BUT IS NOT RESPONSIBLE FOR ACTIONS

THE END