1. Types of Defenses Chapter 11

2. Types of Defense Chapter 11 Burden of Proof - Prosecution must establish proof Beyond a Reasonable Doubt that a crime was committed Government’s responsibility to prove its case

3. Defendant Did Not Commit the Crime Defense must establish an ALIBI Defendant was somewhere else when the crime was committed Witness statements Where Were You at 1:00 am?

4. Crime Committed, But Act Excusable Self Defense Defense must be REASONABLE Cannot Use More Force Than Necessary Must Feel Imminent Threat to use force Activity on Page 121 – Problem 11.1

5. Defendant Committed Crime But Not Responsible for Actions Infancy Children under 7 Intoxication Drugs, Alcohol inhibited good judgment Required state (intent) has to be proven Insanity 14 th Century England Only applies if defendant was insane at the time of the crime

6. Insanity (cont.) Three Possible Verdicts Guilty Not Guilty Not Guilty by Reason of Insanity – Automatic Commitment to Mental Institution – then Transferred to Prison Montana, Idaho and Utah have abolished insanity defense – Used in 1% of the cases, successful only about 25% of the time!

7. Other Types of Defenses Entrapment – induced by law enforcement to commit a crime Duress Commits a crime because they were forced into it. Not a defense to homicide Necessity Commit an act that is unavoidable to protect life.