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Bell Ringer Vocabulary activity:
In your notes define the following term: Infancy Insanity Defense Entrapment Duress Necessity
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Defenses Defendant Committed the Crime but it was Excusable or Justifiable (1) Self Defense (Reasonable force) (2) Defense of Property (Stand your ground law) (3) Defense of others * Deadly force can only be used when a person reasonably believes that their life is in imminent danger
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Defenses Defendant committed the act but is not criminally responsible
Infancy – “underage” or “tried as an adult” age various from state to state, some states allow the prosecuting attorney to make the determination, usually around the age of 14 (in most cases)
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Defenses Defendant committed the act but is not criminally responsible
Intoxication – May only be used as defense if one can prove the “intent” to commit the crime was not present prior to becoming intoxicated (Read intoxication pg. 127)
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Defenses Defendant committed the act but is not criminally responsible
Insanity (1) Defendant at the time of the crime did not know the difference between right or wrong or did not know what they were doing due to a mental disease or disorder. (2) Insanity during or after the trial does not effect criminal liability (3) Must be proven by the defense (Psychiatric evaluation) (4) Only used in roughly 1% of cases, seldom successful
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Defenses Defendant committed the act but is not criminally responsible
Entrapment (1) Defendant was induced or persuaded by law enforcement to commit the crime (2) Difficult to prove (3) Is not a defense when serious bodily injury is involved in criminal act
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Defenses Defendant committed the act but is not criminally responsible
Duress (1) Crime was committed as a result of immediate threat to life or personal safety (to include family members) (2) Defendant lacked the ability to exercise free will (3) Is not a defense to homicide
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Defenses Defendant committed the act but is not criminally responsible
Necessity (1) Compelled to act in order to protect life * Destroying property in order to save a life
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