1. Looking ahead: Today: defenses in a court of law
Tomorrow: sentencing and purposes of punishment
Friday: MAM
Monday – Friday next week: introduce mock trial, roles, etc – and prep time
Following Monday-Wednesday: present mock trial
Following Thursday: debrief
Following Friday: MAM
Monday March 12: search and seizure
Tuesday March 13: SRO talk !!!! Come up with questions!
Wednesday March 14: juvenile justice
Thursday March 15: review
Friday March 16: test

2. CRIMINAL DEFENSES

3. But wait! What are your questions about:
Crimes against the person
Homicide, first-degree murder, second- degree murder, felony murder, voluntary/involuntary manslaughter, negligent homicide, excusable homicide, suicide, assault, battery, rape
Crimes against property
Arson, vandalism, larceny (grand and petty), shoplifting, embezzlement, robbery, extortion, burglary, receiving stolen property, cybercrime
$100 or more Is grand *embezzlement! Old football coach. Receiving stolen property, if it’s more than $100, is a felony! So buying something out of someone’s car, for example.

4. DEFENSES: Scenario
Thomas fits the description of a guy who just robbed the nearby Starbucks. He’s seen walking quickly down the street, away from the Starbucks, by policemen. The police notice that he even has a Starbucks cup in his hand. The police stop him and question him; Thomas is very jittery and seems unsettled and nervous. The police arrest him based on probable cause.

5. So, you’ve been arrested. Now what?

6. Defenses: a thinking map
Remember: to convict a person, the prosecution (the side bringing forth the case to court) must prove that the defendant (the person being tried) is guilty BEYOND A REASONABLE DOUBT.

7. Defenses: a thinking map
Follow along!

8. Defenses
To convict the defendant, the prosecution must prove its case beyond a reasonable doubt.
The defendant is not required to present a case.

9. Defenses
No crime was committed, or there was not criminal intent.

10. Defenses The defendant did not commit the crime.
An alibi is evidence that the defendant was somewhere else when the crime was committed.

11. I did it, but…
The defendant committed a criminal act, but the act was excusable or justified

12. I did it, but…
A person who reasonably believes there is imminent danger of bodily harm can use a reasonable amount of force in self-defense.

13. I did it, but…
Reasonable non-deadly force may be used to protect property.
“Make my day” laws allow people to defend their homes with deadly force.

14. Infancy Children under 7 are legally incapable of committing a crime.
Children 7-14 are presumed incapable of committing a crime.
New laws just say that children under a certain age shall be turned over to a juvenile court.

15. Intoxication
Intoxication may be a defense when a certain mental state is required.

16. Insanity
Insanity is when the defendant does not know the difference between right and wrong.
This impacts whether or not the defendant may stand trial.

17. Insanity
The court must determine whether the defendant was insane at the time of the crime.
If the defendant is sane during the time of the trial, but was insane when the crime was committed, an insanity defense may be used.

18. Duress and Necessity
Duress occurs when the crime is the result of threats or coercion.
Under duress, the individual lack free will.
Necessity is a defense when the action was necessary to protect life.