RESPONSIBILITY OF CRIMINAL ACTS

Criminal Defenses

Defenses

For a conviction to occur in a criminal case, the prosecutor must prove BEYOND A REASONABLE DOUBT that the defendant committed the act in question

Types of Defenses

NO crime has been committed No Crime Committed

Ex: Show there was no rape b/c she was of legal age and consented

No Criminal Intent Ex: Mistakenly took

the wrong coat from a restaurant

When is a criminal act considered Excusable OR Justifiable?

SELF-DEFENSE

a person unlawfully attacked may use reasonable force in self-defense

DEFENSE OF PROPERTY

Reasonable non-deadly force may be used

Can a defendant commit a criminal act but not be Criminally Responsible for his or her actions?

YES!

INFANCY

Children under a specific age shall not be tried for their crimes but shall be turned over to juvenile court system

INTOXICATION

Were so drunk or high it altered their mental state. Voluntary intoxication generally is not a defense—may only be a valid defense if the crime requires proof of a specific mental state

Cont’dINSANITY

People with a mental disease should not be convicted if they don’t know what they are doing or don’t know right from wrong

Only applies if the accused was insane at time of crime

If found NOT guilty then must enter mental institution

Cont’dENTRAPMENT

Defendant claims that he or she was induced, or persuaded, to commit the crime by a law enforcement officer

Officer may provide the defendant with an opportunity to commit a crime

Cont’dDURESS

Defendant does something as a result of coercion or a threat of immediate danger

NECESSITY

Compelled to react to a situation that is unavoidable in order to protect life

Does any defense fit these situations?

Peter is charged with assault with a deadly weapon. He was walking down the street. Without warning, a man began beating him with a rolled-up newspaper. Peter pulled out a gun and shot him.

Officer Martin, in plain clothes, approached Martha on the street and offered to sell her a “hot” radio for a cheap price. Martha at first refused, but the officer persuaded her to buy it. He then arrested Martha for receiving stolen property.

Does any defense fit these situations?

Karen had her home burglarized twice in the last month. One evening, she heard a noise on her front porch. She grabbed her son’s baseball bat and flung open the door to discover a man bending forward with his hand on the doorknob. He jumped upright and reached into his pocket. Afraid that he had a weapon, Karen struck him across the face, partially blinding him. As it turned out, the man had come to ask for a charitable donation and had been reaching for his identification card. Karen had been charged with assault with a deadly weapon.

Does any defense fit these situations?

Kim is battered women. Her husband routinely abuses her. One night after drinking her husband comes home and beats her significantly. He warns her that he is going to “finish” the job in the morning. Scared for her life she locates his gun and shoots him in his sleep.