DefensesObj: Understand the role of

defenses in criminal law

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.

“I didn’t do it” vs“I shouldn’t be held guilty”In these circumstances the

defendant creates reasonable doubt.

“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.

“ 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

“I Shouldn’t Be Held Guilty”Defendant committed the

criminal act but should not be found guilty.

Excusable or Justifiable

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.

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

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

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

Excuse Defenses:

Intoxication Voluntary and Involuntary

Mistake Mistake of Fact Mistake of Law

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

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

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.

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.

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

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

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.

“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?

Justification Defenses

NecessityCircumstances required the defendant to

commit the act.

EntrapmentThe defendant claims (s)he was induced

by police to commit the act.