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Defenses Against Criminal Charges

Criminal Law & ProcedureMike Brigner

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Resources

Text Chapter 7See Defenses Chart, pp. 256-258

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Constitutional Defenses

1st Amendment: religion, speech, assembly

4th Amendment: search & seizure

5th Amendment: due process, double jeopardy, no self incrimination

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Constitutional Defenses

6th Amendment: speedy & public trial, confront witnesses, counsel, subpoena witnesses Right to counsel is rationale for “Miranda Rights”

(Miranda v. Arizona, 384 U.S. 436 (1996))

7th Amendment: right to jury trial

8th Amendment: bail & punishment

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Missing Elements

Reasonable doubt as to any element of the charge

Missing ACT Act was involuntary Missing body Alibi - SODDI defense - “I

wasn’t even there - my Mom will tell you that”

Missing MENTAL INTENT Diminished Capacity Consent Mistake of Fact NOT Mistake of Law

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Justification Defenses

“I did it, but” = justification

Self-defense (but may be duty to retreat)

Defense of others Battered women’s

syndrome Defense of property Public duty

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Justification: Public Duty

Society restricting use of deadly force to arrest suspects

Danger to bystanders Balance likely harms

Society restricting high-speed chases to apprehend offenders

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Excuse defenses

Affirmative defense: “I did it but I’m not responsible”

Duress Necessity Entrapment (by gov’t

inducement) BUT: Was defendant already involved in the crime?

Burden of proof: On the defendant

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Excuse defenses

Insanity: R.C. 2901.01 (A)(14) and 2901.05 - Mental disease/defect prevented accused from knowing conduct wrong at the time of the conduct

Burden of proof: On Defendant in Ohio, & standard is preponderance of evidence

Competence to stand trial is separate issue. Not a defense, but mental state at the time of trial

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Defenses Against Criminal Charges

Concluded

Thank you