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Published byClyde Gilmore Modified over 8 years ago
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Defenses
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1. Innocent until proven guilty: In criminal cases, the burden of proof falls on the prosecutor. a. The defendant is not required to do anything to defend him/herself. b. But, in reality, a no defense looks like an admission of guilt
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a. No Crime Has Been Committed i.Demonstrate that either action or intent is lacking ii. Ex: There was no act of statutory rape because both parties were over the age of consent at the time of the act. iii. Ex: There was no intent because the bags looked identical, and the person truly mistook it for their own
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b. Defendant Did Not Commit the Crime i.Prove case of mistaken identity ii.Establish alibi: evidence that defendant was elsewhere when the crime was committed 1.alibis must be supported by someone else
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c. Criminal Act Was Justified (i. Three types) 1.self-defense or of property or others: use of reasonable force to protect one’s self or property or to protect others a. must reasonably believe danger is imminent b. must use equal force
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2. duress: commission of a crime when not acting in one’s own free will a. the defendant or a member of the defendant’s immediate family must be threatened with death or serious bodily harm
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3. necessity: commission of a crime because no alternative is available no other way exists to avoid threatened harm economic necessity is not a defense
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4. Neither duress nor necessity can be used in case of homicide
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d. Defendant Not Criminally Responsible (Four types) 1. Infancy: Children under a certain age cannot be charged for crimes or are turned over to the juvenile court system Age and laws vary from state to state
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2. Intoxication: altered mental state negates the mental state requirement for the crime Generally, voluntary intoxication is not a legal defense Only applicable in crimes where specific intent is an element
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3. Insanity: People with a mental disease or defect can not be convicted when their mental state prevents them from distinguishing right and wrong or from understanding the nature of their action
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a. Mental state is used to determine: i. If the defendant is competent to stand trial ii. If the defendant was sane at the time of the crime iii. Whether the defendant is sane after the trial (for sentencing)
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b. Defendant must be found to have been insane at the time of the crime to use defense
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c. Not guilty by reason of insanity: Successful use of this defense requires that the defendant be committed to a mental institution
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4. Entrapment: Criminal act was committed, but as a result of convincing by a law enforcement official i.Must prove that the defendant would not have committed except for the convincing of the police ii.Can not be used as a defense for crimes involving serious physical injury
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