1. Today is a good day to learn something new.

2. Many Missed Test on The Trial Remember it is YOUR responsibility to make it up I am available after school today, Tuesday, and Thursday See you then!

3. BELL RINGER Defendant Committed the Act, But Was it Excusable or Justified? Answer questions a-d

4. Criminal Justice Process Criminal Defenses

5. Overview For a conviction to occur - the prosecutor must prove BEYOND A REASONABLE DOUBT that the defendant committed the act in question with the required intent

6. Criminal Defenses The defendant is not required to present a defense but can instead simply force the government to prove its case The defendant is not required to present a defense but can instead simply force the government to prove its case However, a number of possible defenses are available to defendants in criminal cases However, a number of possible defenses are available to defendants in criminal cases

7. No Crime Has Been Committed The defendant may present evidence that: NO crime was committed There was NO criminal Intent

8. Defendant DID NOT Commit The Crime The defendant may present evidence of “mistake in identity” or may offer an alibi Alibi – evidence that the defendant was somewhere else at the time the crime was committed

9. Defendant Committed a Criminal Act, But the Act was Excusable or Justified Sometimes a criminal act may be considered justified Defenses in this category include self- defense and defense of property and others

10. Self-Defense

11. Self-Defense The law recognizes the right of a person unlawfully attacked to use reasonable force in self-defense or in defense of another person BUT, a person cannot use more force than appears to be necessary Deadly force can be used only when a person believes there is imminent danger of death or serious bodily harm

12. Flashback: 1984 Subway Vigilante The Case of Bernhard Goetz Bernhard Goetz is a New York City man known for shooting four young black men when they tried to mug him on a New York City Subway train in Manhattan on December 22, 1984 He fired five shots, seriously wounding all four men Was this Self-Defense? Folk Hero or Villain?

13. Case of the Subway Vigilante

15. Stand Your Ground Laws (Make My Day Laws) Some states have passed controversial “make my day laws” Also known as Stand Your Ground Laws or The Castle Doctrine For example, the basics of the Florida law are: - People have the right to use deadly force against intruders entering their homes - They no longer need to prove that they feared for safety … only that the person killed had intruded unlawfully and forcefully

16. Defendant Committed a Criminal Act, But is Not Criminally Responsible for His or Her Actions Some defenses rest on the defendant’s LACK OF CRIMINAL RESPONSIBILITY for his/her act

17. Infancy Defense that children of a very young age are not legally responsible for committing a crime In most states laws provide that children under a specified age shall not be tried for crimes For certain serious crimes, juveniles may be transferred to an adult court and tried and sentenced as an adult

18. Intoxication Defendants claim that at the time of the crime, they were under the influence of drugs or alcohol and should NOT be held responsible As a general rule, voluntary intoxication is not a defense to a crime May be a mitigating factor that decreases a prison or jail sentence

19. Insanity The basic idea is that people who have a mental disease or defect should not be convicted if they did not know what they are doing did not know the difference between right or wrong the standard varies from state to state James Eagan Holmes is the accused perpetrator of a mass shooting that killed 12 people at a Century movie theater in Aurora, CO Holmes has pleaded not guilty by reason of insanity to charges of killing 12 people and injuring 70 on July 20, 2012. Jury selection began in January, and opening statements are set for April 27

20. INSANITY DEFENSE of Andrea Yates

21. Entrapment Defendant admits committing a crime but claims he/she was induced or persuaded to commit the crime by a law enforcement officer

22. Entrapment There is NO entrapment when law enforcement merely provides the defendant with an opportunity to commit a crime Defendant must show that he/she would not have committed the crime BUT FOR the inducement of the police officer

23. Is This a Case of Entrapment? Mary, an undercover police officer masquerading as a prostitute approaches Edward and tells him that she’ll have sex with him for $50.00. Edward agrees and hands over the cash. Mary places Edward under arrest for solicitation of prostitution.

24. Maybe – we need more information. Police officers can typically do things like offer sex when they are working on prostitution cases without committing entrapment. Key Q - Was Edward on the street looking for a prostitute, or was Edward lured into committing a crime he had otherwise not intended to commit? As long as Edward demonstrated some desire to commit the crime, it will be difficult to raise the issue of entrapment.

25. Is This a Case of Entrapment? Jan, a drug dealer, offers to sell drugs to Emilio, an undercover police officer posing as a drug addict. Emilio buys the drugs as money is exchanged. Emilio places Jan under arrest.

26. This is NOT entrapment. Jan made the offer; the police simply provided the opportunity for the sale. A key issue in entrapment cases is whether or not the defendant was predisposed to commit the crime. If so, the entrapment defense will not be successful.

27. DURESS Person acts under duress when he/she does something as a result of coercion or a threat of immediate danger to life or personal safety

28. Duress Under duress, a person lacks the ability to exercise free will Example – forced at gunpoint to commit a crime

29. Necessity A person acts under necessity when he/she is compelled to react to a situation that is unavoidable to protect life For example, a drunk driver might contend that he drove his car to get away from a kidnap NOT a defense to murder

30. PROBLEM 11.3 (p. 132) Read each case Can entrapment be claimed as a valid defense in these three cases?

32. Case of Andrea Yates In first trial the jury deliberated for less than 4 hours to find her guilty In first trial the jury deliberated for less than 4 hours to find her guilty That panel rejected the death penalty and she was given a life sentence in prison That panel rejected the death penalty and she was given a life sentence in prison In 2005 she was granted a new trial due to testimony allowed in the first trial In 2005 she was granted a new trial due to testimony allowed in the first trial That jury found her not guilty by reason of insanity That jury found her not guilty by reason of insanity She will likely spend her life in a psychiatric ward (highly unlikely she will ever be released) She will likely spend her life in a psychiatric ward (highly unlikely she will ever be released)

33. Andrea Yates Found Not Guilty By Reason Of Insanity HOUSTON, TX - JULY 26: Andrea Yates (R) is hugged by her attorney George Parnham after she was found not guilty by reason of insanity in her retrial July 26, 2006 in Houston. Yates admitted to drowning her five children in a bath tub in 2001 and pleaded guilty by reason of insanity.