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Published byWillis Malone Modified over 8 years ago
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DEFENSES
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1. Show that no crime was committed Or 2. No criminal intent was involved 2 JOBS OF THE DEFENSE
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Alibi- evidence that the defendant was elsewhere at the time the crime was committed DNA evidence can connect an offender conclusively to a crime DNA is often used to exonerate DEFENDANT DID NOT COMMIT THE CRIME
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Self-defense- a person can use reasonable force if they are unlawfully attacked Cannot use more force than appears necessary Deadly force- only used if death or serious bodily harm is a threat. Or if you are defending someone facing the same threat Reasonable, Non-deadly force may be used to protect property Some states have “Stand Your Ground” or “Castle Doctrine” laws, that allow deadly force in the case of an unwarranted intrusion DEFENDANT COMMITTED THE ACT, BUT IT WAS EXCUSABLE OR JUSTIFIABLE
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Infancy- children under the specified age are not capable of committing a crime (traditionally age 7) Intoxication- too intoxicated to know what they were doing Sometimes, the guilty state of mind can exist before they became intoxicated Insanity- Is the defendant competent to stand trial? Was the defendant sane at the time of the criminal act? Is the defendant sane after the trial? 3 possible verdicts- guilty, innocent, or not guilty by reason of insanity Entrapment- defendant admits to crime, but was induced or persuaded by a law enforcement officer Must prove that the defendant would not have committed the crime unless the officer had induced them to. Duress- crime is a result of coercion or a threat of immediate danger to life or personal safety -Never a defense for homicide Necessity- compelled to commit crime to react to a situation that is unavoidable to protect life Never is a defense for homicide- usually for property crimes DEFENDANT COMMITTED THE ACT BUT IS NOT CRIMINALLY RESPONSIBLE
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