1. Bell Ringer 09/23/2013
When you think of defense what is the first thing that comes to your mind?
In a court room who makes up the defense team?
Do you think the test was too hard?

2. Defenses
Chapter 2

3. An overview of Defenses
Innocent until proven guilty beyond a reasonable doubt.
Defendants do not have to prove they are innocent.
What is an alibi?

4. Special Legal Defenses
Known as: AFFIRMATIVE DEFENSES
If the defendant successfully establishes one of these defenses, it does not matter whether the prosecution can prove the elements of the crime or not.
THE DEFENDANT IS NOT GUILTY
Two types are: Justifications and Excuses

5. Justification Defenses
Self Defense
The most important justification defense
Necessity
The person has broken the law, but has done so to prevent greater evil.
Requires:
Did not intentionally cause the circumstance surrounding the illegal act.
Could not accomplish the same objective using better alternative
Chose the lesser evil

6. Excuse Defense Duress Insanity Entrapment Ignorance of the Law
Mistake of Fact
Intoxication

7. Duress Defendant must show:
They were under an immediate threat of serious bodily harm or death
Had a well-grounded belief that the threat (REAL) would be carried out.
Had no reasonable chance to escape or frustrate the threat. (could not retreat)

8. Insanity
Definition:
People are criminally insane if, as a result of mental illness, they did not know what they were doing or that it was wrong.
Case 3c

9. Entrapment
Police induce an individual to commit a crime that he or she otherwise would not have committed.

10. Ignorance of the Law
The common law rule is that “ignorance of the law is no excuse”.
This rule still applies to most crimes
Society demands that people understand what is against the law.
#3a

11. Mistake of Fact
Having no intent to commit a crime

12. Intoxication Intoxication is no excuse for a crime
If a person knowingly drinks alcohol or ingests drugs, that person has taken the risk of going out of control
The exception is when the person unknowingly ingests drugs or alcohol.
INVOLUNTARY INTOXICATION is a defense 3b

14. Bell Ringer 09/24/2013 What is an affirmative defense?
What are the six types of excuses defenses?

15. Self Defense The most important justification defense
Generally, you have a right to use whatever force is necessary to defend yourself from unlawful attack.

16. For a proper claim of self defense, you must establish three things:
You reasonably believed that the force was required for your own protection – even if that belief turns out to be mistaken
The threatened harm was about to happen and the attacker was willing and able to injure you. (Imminent Threat)
The force used in self-defense was reasonable – that is, no more than was necessary to prevent the victim from inflicting harm.

17. Deadly Force in Self Defense
Deadly force may only be used when you reasonable believe:
The attacker was about to kill you or inflict great bodily harm.
The deadly force was the only way of preventing the harm.

18. Defense of Others
In general, defending others is the same as defending yourself.
A few states say you only have the same right of defense as the person you are defending.
Alter Ego Rule

19. Defense of Home
Rules of deadly force change when people are defending their home.
“old common law”
People could use deadly force if they believed the force was necessary to prevent an imminent and unlawful entry into their home.
* MOST STATES DO NOT FOLLOW COMMON LAW

20. Reasons for Deadly Force in defense of home:
The intruder is about to unlawfully enter the home
The intruder intends to commit a felony or injure an occupant of the home.
Deadly force is necessary to stop the intruder.

21. Battered Women Domestic abuse can occur over a period of years.
Issues: Imminent Threat and appropriate force
Most courts allow defendants to introduce evidence of abuse. But defendants still must show they had the right to use deadly force in self-defense.