1 / 8

defenses

defenses. Chapter 11. Conviction. In a criminal case, prosecutor must establish beyond a reasonable doubt that defendant committed the act with intent. Defendant not required to present a defense Defendant can force the government to prove its case Only a number of defenses are available.

durin
Download Presentation

defenses

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. defenses Chapter 11

  2. Conviction • In a criminal case, prosecutor must establish beyond a reasonable doubt that defendant committed the act with intent. • Defendant not required to present a defense • Defendant can force the government to prove its case • Only a number of defenses are available

  3. Defenses • No crime committed • Did not commit the crime • Committed the act, but it was excusable or justifiable • Committed the act but was NOT criminally responsible

  4. NO crime committed • Defendant presents evidence to show • No crime was committed or • No criminal intent was involved because it was a mistake

  5. Defendant did not commit the crime • Defendant tries to prove a mistaken identity by offering an alibi(evidence that the defendant was elsewhere at the time of the crime) • Biological/DNA evidence - DNA testing to prove who is responsible.

  6. Defendant committed a criminal act, but it was excusable or justifiable • Self-defense • Defense of property • Defense of others • Law allows people to use deadly force if Imminent danger exist. • Law allows people to use reasonable force to protect themselves, their property, and others from harm

  7. Defendant committed criminal act, but is not responsible for actions • Defendant has reasons why the law should not consider him/her responsible • Several reasons the may be excused: • Infancy – under a specified age not responsible • Intoxication – drunk so therefore, not responsible • Voluntary intoxication is NOT a defense • Insanity – mental disease or disorder (used in 1% of criminal cases) • Entrapment – induces or persuaded by law enforcement (difficult to prove and cannot be a defense in rape or murder cases) • Duress – lacks ability to exercise free will (not a defense to homicide) • Necessity – unavoidable to protect life (not a defense to homicide)

  8. The end

More Related