the defendant is not required to present a defense, but can simply force the government to prove...

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Defenses The defendant is not required to present a defense, but can simply force the government to prove their case. For a conviction to occur, the prosecutor must establish that a defendant committed a crime beyond a reasonable doubt. Possible defenses:

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Page 1: The defendant is not required to present a defense, but can simply force the government to prove their case. For a conviction to occur, the prosecutor

Defenses•The defendant is not required to present a defense, but can simply force the government to prove their case.•For a conviction to occur, the prosecutor must establish that a defendant committed a crime beyond a reasonable doubt. •Possible defenses:

Page 2: The defendant is not required to present a defense, but can simply force the government to prove their case. For a conviction to occur, the prosecutor

Defendant presents evidence that no crime has been committed

Example: no carnal knowledge because the woman was of age when she consented to sex

no criminal intent was involved Example: a woman picks up a handbag from

the table that looks exactly like hers without knowledge that it wasn’t hers

No crime has been committed

Page 3: The defendant is not required to present a defense, but can simply force the government to prove their case. For a conviction to occur, the prosecutor

Mistaken identityDefendant has an alibiDNA evidence

Defendant did not commit the crime

Page 4: The defendant is not required to present a defense, but can simply force the government to prove their case. For a conviction to occur, the prosecutor

Self-defense/ defense of others- reasonable force was used against an unlawful attack

-can not use more force than appears to be necessary to defend self or others

-if after stocking an attacker, the defender continues to use force the roles reverse and the defender can no longer claim self defense

-deadly force can only be used if the defender believes that there is an imminent danger of death or serious bodily harm

Defendant committed a criminal act, but the act was excusable or justifiable

Page 5: The defendant is not required to present a defense, but can simply force the government to prove their case. For a conviction to occur, the prosecutor

-in defense of other can be used if the other can claim self-defense

Defense of property -only non deadly force may be used -Make my day laws enacted by some

states allows persons the right to use deadly force to defend their property against unwarranted intrusion

Page 6: The defendant is not required to present a defense, but can simply force the government to prove their case. For a conviction to occur, the prosecutor

Lack of criminal responsibility even though they acknowledge that he or she committed the act

Defendant Committed a criminal act but is not responsible for his or her actions

Page 7: The defendant is not required to present a defense, but can simply force the government to prove their case. For a conviction to occur, the prosecutor

Infancy -children of a young age, 7 in most states,

are legally incapable of committing a crime -children between the ages of 7 and 14 are

generally presumed incapable of committing a crime, but could be shown to be a wrong presumption

-some states do not try children, simply turn them over to the juvenile courts

-some states allow prosecutors to decide whether or not to try a child as an adult

Page 8: The defendant is not required to present a defense, but can simply force the government to prove their case. For a conviction to occur, the prosecutor

So drunk on alcohol or high on drugs that they did not know what they were doing

Typically, voluntary intoxication is not a defense to a crime unless the crime requires proof of a mental state

Intoxication

Page 9: The defendant is not required to present a defense, but can simply force the government to prove their case. For a conviction to occur, the prosecutor

Developed from the Greeks, Romans, and English courts

Modern standard grew from an attempted murder case of a British Prime Minister in 1843

-people who have a mental disease or disorder should not be convicted if they do not know what they or doing or the difference between right and wrong

Used by about 50% of states and the federal government

Insanity

Page 10: The defendant is not required to present a defense, but can simply force the government to prove their case. For a conviction to occur, the prosecutor

Other 50% must acquit if they lack substantial capacity to appreciate the nature of the act or to conform their conduct to the requirements of the law

Mental state can be an issue in determining whether

1. defendant is competent to stand trial 2. the defendant was sane at the time of

the crime, and 3. the defendant is sane at trial Insanity defense only applies is insane at

time of crime Insanity only at time of trial only delays trial -does not affect criminal liability

Page 11: The defendant is not required to present a defense, but can simply force the government to prove their case. For a conviction to occur, the prosecutor

Insanity defense usually means the person will be automatically committed to a mental institution

About 1/3 of states have a fourth verdict: guilty, not guilty, guilty by reason of insanity, guilty but mentally ill

-persons found guilty by the 4th verdict would send them to a hospital and later transferred to a prison when they are found sane

-abolished by the states of Montana, Idaho, and Utah

-used in about 1% of criminal cases and is seldom successful

Page 12: The defendant is not required to present a defense, but can simply force the government to prove their case. For a conviction to occur, the prosecutor

Defendant admits to committing the crime but claims that law enforcement persuaded them to do so

Does not apply to the officer only providing the opportunity to commit the crime

Defense must show that the defendant would not have committed the crime but for the inducement of the officer

Difficult to prove

Entrapment

Page 13: The defendant is not required to present a defense, but can simply force the government to prove their case. For a conviction to occur, the prosecutor

When the defendant does something as a result of coercion or threat of immediate danger

Person cannot exercise free will Not a defense to homicide

Duress

Page 14: The defendant is not required to present a defense, but can simply force the government to prove their case. For a conviction to occur, the prosecutor

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

Not a defense to homicide

Necessity