1. Defenses
Chapter 12

2. Defenses NO CRIME HAS BEEN COMMITTED Defendant can show that either:
No criminal act was committed, or
No criminal intent was involved
Ex: Defendant charged with rape shows that the alleged victim consented = No criminal act was committed
Ex: Defendant mistakenly picked up the wrong purse when leaving Church = not larceny b/c no criminal intent

3. Defenses Defendant wasn’t the one who committed the crime.
Here, there was a crime, but the defendant argues that he isn’t the one that committed it
Usually uses an alibi.
Alibi = Evidence that the defendant was somewhere else at the time that the crime was committed.

4. Defenses
Defendant committed the act, but it was excusable or justifiable
The defendant doesn’t deny that he committed the act
Ex: Defendant doesn’t dispute that he killed the victim
However, the defendant argues that it was permissible for him to commit the act
Ex: Defendant killed the victim because the victim was trying to kill him (self-defense)

5. Defenses: Self-Defense
Excusable/Justifiable Actions
Self-Defense or Defense of Others
**ELEMENTS**
Person reasonably believes that there is imminent danger of bodily harm
Can use reasonable force to protect himself or to protect another
Cannot use more force than reasonably necessary

6. Defenses: Self-Defense
Ex: Jackie is a 5’0” tall woman weighing 110 pounds. She attacks Andrew, a 6’4” man weighing 200 lbs, by punching him with her fists. Andrew easily shoves her away, then shoots her with a gun and claims self-defense.
This would most likely NOT be self-defense because Andrew used more force than was necessary to repel Jackie’s attack.

7. Defenses: Self-Defense
If, after stopping the attacker, the defender continues to use force, the roles can reverse
Ex: Natalie attacks Sarah, and Sarah fights her off. Natalie runs away, and Sarah follows her. When Sarah catches Natalie, she attacks her and badly injures her.
Sarah cannot claim self-defense here. She used more force than was necessary, and Sarah will be charged with assault.

8. PA LAW – Castle Doctrine
PA LAW follows the CASTLE DOCTRINE
You are allowed to use deadly force to defend your home against an intruder.
You have no duty to first try to retreat (in some states, you do)
You do not have to wait to see if they are going to use deadly force first.
**Still has to be reasonable

9. PA LAW – Castle Doctrine
Ex: Rocco is awoken in the middle of the night by a loud noise. He grabs his gun from his nightstand and goes out into the living room and finds that Eric has broken into his house. It is reasonable for Rocco to shoot Eric because he fears for his safety.
Assume Rocco catches Eric as he is leaving the house with a big screen TV in his hands. It would be unreasonable for Rocco to use deadly force because Eric cannot hurt him while holding the TV.

10. PA LAW – STAND YOUR GROUND
You have no duty to retreat as long as:
You are in a place where you have the right to be
You must reasonably believe that the use of deadly force is immediately necessary to protect yourself
The attacker must display a deadly weapon such as a gun
Law was passed in 2011
Prior, you had a duty to retreat, if you could do so safely, before using deadly force

11. Defenses - Infancy
Traditionally, children under 7 years old were considered legally incapable of committing a crime
Children ages 7-14 – presumption that they couldn’t commit a crime, but presumption could be overcome
Infancy defense “viable” in PA – up to prosecution to prove that it should not apply

12. Defenses - Intoxication
General Rule – Voluntary intoxication is NOT a defense
May be a defense if it negates the specific intent required to commit the crime
Ex: Kermit is charged with assault with intent to kill Miss Piggy. Kermit argues that, at the time of the assault, he was so drunk that it was not possible for him to form the intent to kill.

13. Defenses - Insanity
People who have a mental disease should not be convicted of a crime if they don’t know what they are doing, or if they don’t know right from wrong
Defense dates back to Ancient Greeks & Romans
Different states have different rules
PA uses the M’Naghten Rule
Burden of proof is on the defendant

14. Defenses - Insanity M’Naghten Rule
Did the defendant know that what he was doing was wrong?
Ex: Man murders his wife then waits calmly for police to arrive. It was determined that the man was mentally ill and didn’t realize that killing his wife was wrong.
Did the defendant know what he was doing?
Ex: Woman with mental illness kills her neighbor by beating him with a shovel, then claims she killed a demon sent to harvest her soul.
Applies if the defendant was insane at the time of the crime

15. Defenses - Duress **ELEMENTS**
Defendant did something as a result of coercion or threat of immediate danger
To life or personal safety (not property damage)
Individual lacks the ability to exercise free will
Ex: Layn holds a gun to Sydney’s head and tells her to steal money or she will kill her.
** Duress is NOT a defense to homicide
Ex: Layn holds a gun to Sydney’s head and tells her kill Emily or she will kill her. NOT a defense here.

16. Defenses - Necessity **ELEMENTS**
Individual acts when he or she is compelled to react
to a situation that is unavoidable
In order to protect life
**Not a defense to homicide
Think about sailors in the lifeboat who committed murder to eat their companion
Ex: Sailors are adrift in a lifeboat that is sinking because it’s full of heavy cargo. They throw the cargo overboard, destroying property.