Defenses
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Transcript of Defenses
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DefensesObj: Understand the role of
defenses in criminal law
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DefensesTo be found guilty of a crime the
prosecution must prove Beyond a Reasonable Doubt that the defendant committed the crime.
Prosecutor must prove all elements of the crime and the state of mind.
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“I didn’t do it” vs“I shouldn’t be held guilty”In these circumstances the
defendant creates reasonable doubt.
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“I Didn’t Do It”No crime has been committed, plain
and simpleEx: A woman may carry a gun, but
she has a permit A woman takes a purse that is
identical to hers, but it turns out not to be. If it was an honest & reasonable mistake and she returned it.
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“ I Didn’t Do it”Defense can prove he didn’t
commit a crime by presenting an Alibi- defendant was somewhere else when crime occurred.
Ex I couldn’t have robbed the store because I was at work and my students can prove it.
DNA can also prove innocents (finger prints, hair, saliva
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“I Shouldn’t Be Held Guilty”Defendant committed the
criminal act but should not be found guilty.
Excusable or Justifiable
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Defenses Under Criminal Law
Excuse Defenses:
These defenses apply
when the actor lacks
the requisite mental
condition to form intent.
There are four excuse
defenses.
Justification Defenses:
These defenses apply
when the defendant
admits to the criminal
act, but argues that the
act was justified.
There are four
justification defenses.
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Excusable Defenses
Infancy - Youthful offenders cannot understand the consequences of their actions.
Usually age 7 -14 but some states may have other laws. Also depends on the Malice
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Excusable DefensesInsanity- A person cannot have the
state of mind to commit the crime if s/he didn’t know the act was wrong, or didn’t understand the quality of the act.
Only applies if insane at the time of the crime
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Insanity is determined by:M’Naughten Rule
A person is insane if they can’t distinguish right from wrong
ALI/MPC TestAlso known as the substantial capacity test, the
defendant must lack the capacity to appreciate the wrongfulness of his/her conduct.
Irresistible Impulse TestA person is insane if some “irresistible impulse” resulting
from a mental deficiency drove him or her to commit the crime
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Excuse Defenses:
Intoxication Voluntary and Involuntary
Mistake Mistake of Fact Mistake of Law
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Justification Defenses:
DuressThe defendant is threatened with seriously bodily
harm, which induces him/her to commit the crime. If some one has a gun to your head and demands you rob
the bank
Self-DefenseThe defendant must protect him/herself from injury by
another. Cannot use more force than appears necessaryDuty to retreat.
“Make My Day Laws”- Allows you to use deadly force
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People vs GoetzFacts:
Goetz shot 4 teens while riding a NYC subway. He claims self defense for the crimes of attempted murder and assault.
Goetz was robbed on a train a few yrs ago. He feared it would happen again, esp in his hood which is plagued by drug addicts and criminals.
He applied for a gun license but was denied. He bought & carried a gun anyway
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One day on the train Goetz was surrounded by 4 teens. They asked him first “for the time,” then “a match” and then “$5 to play video games.”
Goetz replied with “I’ll give you each $5.” Then pulled the gun out of his pocket and shot all 4 teens.
Evidence shows that he shot 1 teen in the back as he lay on the floor. Goetz ran from the train and was later arrested.
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All 4 teens were seriously hurt & 1 was paralyzed.
3 of the teens carried sharpened screwdrivers in their pockets at the time of the shooting. They claimed they were for prying open video game machines to steal quarters.
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Prosecutors argue that Goetz cannot use self defense
The defense argues that Goetz actions were justified as self defense.
Count off by 3’s. 1’s = prosecution; 2’s = defense; 3’s = judge
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Prosecution: Make a list of reasons why Goetz should go to jail
Defense: Make a list of why Goetz should be found not guilty
Judge: Make list of questions to ask each side
Prosecution goes first then defense. Judge can interrupt at any time to ask questions
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VerdictGoetz was fount not guilty of
attempted murder and assault, but guilty of illegal possession of a gun and reckless endangerment and spent time in jail.
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“Make My Day Laws”Do not have to retreat nor
announce use of deadly forceOR does not recognize this
defense but WA does. What do you think of Make My Day
laws?
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Justification Defenses
NecessityCircumstances required the defendant to
commit the act.
EntrapmentThe defendant claims (s)he was induced
by police to commit the act.