Objective: SWBAT determine when the felony murder rule can be used in a criminal prosecution

Do Now

While John is in the process of robbing a person, his gun goes off accidentally and kills the person. He is charged with murder.

John defends himself in court by stating that he never intended to kill the person, just threaten him.

Will John’s defense work? Explain.

Objective: SWBAT determine when the felony murder rule can be used in a criminal prosecution

No, the defense will most likely not hold. Under the felony murder rule, a person can be charged with murder if someone is killed during a felony i.e.) arson, rape, assault

Objective: SWBAT determine if excessive force may prevent a defendant from effectively claiming self

defenseDo Now

Keith is punched in the face by a person after getting into an argument. Keith responds by taking out a knife and stabbing him multiple times, causing serious wounds. He is charged with aggravated assault.

Can Keith claim self defense to his crime? Explain.

Objective: SWBAT determine if excessive force may prevent a defendant from effectively claiming self defense

Yes, Keith can claim self-defense.

However, he will most likely lose because his actions would be considered excessive.

Objective: SWBAT create an argument for and against the insanity defenseDo Now

If a person commits a crime and uses the insanity defense, do they go free immediately?

No. The person will be sent to a mental health facility where they will receive treatment. After they have deemed fit for release, they will go to jail to serve out their sentence.

*The oldest test for insanity in the US is the M’Naghten Rule

Objective: SWBAT create an argument for and against the insanity defense

Do Now

Objective: SWBAT determine how the prima facie evidence rule can be used in a shoplifting case

Do Now

Jenny is at Wal-Mart shopping when she slips an i-phone into her jacket. Security viewing the video cameras see the act. She continues to shop the store, buying items of low value.

Before she leaves, security calls the police, and she is arrested for shoplifting.

Jenny claims she was falsely accused because she never left the store with the merchandise.

Is Jenny’s defense valid? Explain.

Objective: SWBAT determine how the prima facie evidence rule can be used in a shoplifting case

No, Jenny is not correct. In many states, concealment of an item is considered to be persuasive evidence of the intent to steal.

This is known as the prima facie evidence rule.