defenses to prosecution. 2 copyright and terms of service copyright © texas education agency, 2011....
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DEFENSES TO PROSECUTION
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Copyright and Terms of Service
Copyright © Texas Education Agency, 2011. These materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions:
1) Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from TEA.
2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only, without obtaining written permission of TEA.
3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way.
4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged.
Private entities or persons located in Texas that are not Texas public school districts, Texas Education Service Centers, or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain written approval from TEA and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty.
Contact TEA Copyrights with any questions you may have.
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TYPES OF PROSECUTION
◦ Violations Example: Traffic tickets
◦ Misdemeanor Example: 1st offense DWI
◦ Felony Example: Murder
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DEFENSES FOR WOMEN
Battered Woman Syndrome Defense:
◦ History of abuse
◦ In fear of injury or death from a probable assault by the actor
◦ Actions based on the assault history of the actor against the victim
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DEFENSES FOR WOMEN
A husband comes home every night and physically abuses his wife. One night, the battered woman hears her abuser opening the door of their home. She waits for him just inside the door and hits him over the head with an iron skillet when he opens the door. The man dies from the blow to the head. The wife is able to file the “Battered Woman Syndrome Defense” against prosecution.
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DEFENSES FOR WOMENPMS Defense
◦A defense in England and other European countries
◦Not used in the US to this date
◦Similar to the insanity plea
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DEFENSE FOR VETERANS
What is PTSD?
◦Post Traumatic Stress Disorder
◦Veterans of combat ◦Based on hardships and
experiences endured in combat
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DEFENSE FOR VETERANS
Do all Veterans have PTSD?
◦ The law specifically states Vietnam Veterans◦ But any veteran can claim the PTSD defense if
he can show such traumatic experiences triggered his reaction
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DEFENSE FOR VETERANS
A combat veteran who had witnessed the horrors of war is walking down the street. He sees a boy lying on the ground curled up in a defensive position. A pool of blood surrounds the boy’s body. A grown man is beating the boy with a steel rod. The veteran reacts instantaneously to the boys outcry of pain and kills the boy’s assailant. The veteran reacted just as he would have in combat. Therefore, he can fall upon the PTSD defense.
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JUVENILE CRIMINALS
Who is a Juvenile?
◦ In the State of Texas a juvenile is defined as any child not older than 16 years of age and not younger than 10 years of age
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JUVENILE CRIMINALS
Why are juvenile laws different?
◦Broken a law or in need of supervision
◦“Civil Offenses”
◦Records sealed at 17 (unless continued record of criminal activity)
◦Sealed records cannot be opened without a court order
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JUVENILE CRIMINALS
What happens when arrested?
◦“Taken into Custody”◦Transported◦Taken before a Magistrate ◦Written or oral statement ◦Fingerprinted and
photographed◦Released or turned over
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DURESS
Coerced or forced by another person to commit a crime
No criminal history Fear of:
◦ Bodily Injury◦ Exposure◦ Injury of another◦ Death
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ENTRAPMENT “Enticed” to commit a
crime No criminal history Never seen committing
such a crime Law enforcement
provides means and motivation
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ENTRAPMENT
A law enforcement officer goes into a neighborhood where a majority of the people are starving. He leaves a bag of groceries sitting on the hood of a car, waits, and arrests the person who takes the abandoned food.
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IRRESISTIBLE IMPULSE
Impossible to control conduct
Emotions not normal Outside factors impact
action Action of another triggers
impulse to act
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IRRESISTIBLE IMPULSE
A man has not eaten anything for weeks. He is walking down the street and sees a display of apples in a cart in front of a grocery store. The starving person walks by the store and grabs two apples, immediately beginning to eat one of them. A police officer sees the offense and places the person under arrest for theft.
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PUBLIC DUTY DEFENSE
Police are justified in their use of force
The action defends another The action prevents serious harm
to themselves
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NECESSITY
Avoid a greater evil or crime Had no other choice Fear of consequences if they did not commit
the crime Any other normal, prudent person would have
made the same decision
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NECESSITY
A woman is drowning in flood waters. Her arm is wedged under a fallen tree. Blood is pouring out of her arm and the flood waters are rising. A man finds her. In fear that she will drown or bleed to death before other help can arrive, he amputates her arm in order to free her. The greater evil would have been to let the woman drown or slowly die from blood loss.
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ACCIDENTAL Result of
happenstance Harm not planned No intent to harm No influencing factors
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ACCIDENTALA worker is rebuilding a brick ledge. He has a scaffolding set up on the sidewalk with a warning sign. He turns to add another cleaned brick to the pile, sneezes and accidentally knocks an existing brick from the pile. A person passing underneath the scaffolding is struck by the brick and suffers the serious bodily injury of a skull fracture. The workers defense is “Accidental.”
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SELF-DEFENSE
Defending oneself No pre-meditation A normal, prudent person
would have reacted in the same manner
One level of force greater than the force being used against you
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THE DURHAM RULE
Temporarily Insane Not in control of one’s
senses at the time of the crime
Emotionally driven Actions contrary to
personality The jury decides whether
to accept a plea of insanity
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A father comes home and finds a man attempting to rape his daughter. The father reacts violently in defense of his daughter, and beats the attacker over the head with an object within his reach. His defense is Temporary Insanity, due to his mental state when he saw his daughter being attacked.
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THE DURHAM RULE
Temporarily Insane
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THE M’NAUGHTEN RULE
Incapable of determining right from wrong Provable in court The jury agrees
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Resources Texas Code of Criminal Procedure and Texas State Penal Code
http://www.statutes.legis.state.tx.us/ Battered Woman Syndrome Defense
http://www.essays.cc/free_essays/d5/arn49.shtml PTSD in the Forensic Setting
http://dpa.state.ky.us/library/manuals/mental/Ch15.html Supreme Court Case: The State Of Washington v. Joseph Henry Maish
http://www.mrsc.org/mc/courts/supreme/029wn2d/029wn2d0052.htm Entrapment and Due Process
http://www.law.fsu.edu/journals/lawreview/frames/253/lordtxt.html Do an Internet search for the following:
◦ Review journal killer’s mental illness recedes◦ Defense Witness Calls Death of Cop's Wife Accidental◦ TPI Crim 40.04
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