1. Defenses to Crimes
Criminal Law – Chapter 2

2. Defenses to Crimes Two defining elements of a crime:
The criminal act
The required state of mind
A defense often used in criminal cases is the failure of the prosecution to prove one of those needed elements.
Multiple defenses used against prosecutor*
Burden of proof lies with prosecution in criminal trial

3. Insanity
American law recognizes persons cannot be held responsible for their actions IF they do not know what they are doing
No purpose to imprison someone who should be under the care of mental health professionals
Insanity plea is recognized as a valid defense to criminal conduct

4. Insanity – Tests Used in Trial
American Law Institute (ALI)
Developed a modern insanity test
Approximately 2/5 of the states use this test
Other various tests used
Burden of Proof
Majority of states = burden placed on defendant
Minority of states = burden placed on prosecutor

5. Entrapment
When a law enforcement officer induces a law-abiding citizen to commit a crime, it may be used as a defense to excuse the defendant.
Must show/prove this crime would not have been committed had it not been the inducement of the officer.
Example 8, p. 31.

6. Self-Defense
When persons have good reason to believe that they are in danger of serious injury or death, they can use force to protect themselves
Except in one’s own home, the person claiming self-defense must do this:
Retreat (if possible) before resorting to force
Show that he/she did not start altercation in the first place

7. Self-Defense In all situations:
The person claiming the defense of self-defense must not have used force than was necessary to stop the unprovoked attack.

8. Defense of Family Members
If a person uses force to rescue a family member who has been attacked, most states will not punish the rescuer.
Rescuer must have good reason to believe that the victim was in danger of severe bodily injury or even death.
Need not retreat if the attack on the family member takes place in his/her own home
Example 9, p. 31

9. Sentencing Convicted Criminals
Sentence – an appropriate punishment determined by a judge for a person who is found guilty of a particular crime.
Penalties under the law include:
Fines
Imprisonment
Death

10. Fines
Fine – the payment of a specified amount of money as a penalty for committing the crime
Commonly used when the crime is considered a lesser offense
Additional form of punishment for serious crimes (fine + imprisonment)

11. Imprisonment Different ways of handling question of imprisonment
Judges hand down indefinite/indeterminate sentences (5-10 years)
Judges hand down definite/determinate sentences (25 years exact)
Good behavior may lessen prison time unless statute calls for mandatory sentence

12. The Death Penalty 1972 U.S. Supreme Court on DP
Constitutional if enough guidelines to ensure people were treated fairly
Judges and juries cannot give out death penalty whenever they wish
New death penalty laws after this decision
3 phases for murder trials (DP to happen)
1- Jury determines guilt/innocence of person
2- If found guilty, a presentence hearing takes place
3- Appeal to the state’s highest court