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Chapter 11

Chapter 11. Defenses. Defenses. Prosecution must prove BEYOND A REASONABLE DOUBT that he defendant committed the act in question. The defense does not even have to speak. Types of Defenses. No Crime Has Been Committed No crime No criminal intent Defendant did not commit the crime

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Chapter 11

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  1. Chapter 11 Defenses

  2. Defenses • Prosecution must prove BEYOND A REASONABLE DOUBT that he defendant committed the act in question. • The defense does not even have to speak.

  3. Types of Defenses • No Crime Has Been Committed • No crime • No criminal intent • Defendant did not commit the crime • Alibi: evidence that the defendant was elsewhere at the time • DNA evidence: linking someone to the scene • Defendant committed a criminal act, but the act was excusable or justifiable • Self defense, etc.

  4. Problem 11.1/Page 128 • Complete on a separate sheet of paper, ON YOUR OWN.

  5. Types of defenses, ctd. • Defendant committed a criminal act but is not criminally responsible for his or her actions • Infancy: children under a certain age • Intoxication: defendant can claim they were so drunk or high that the did not know what they were doing. • Insanity: Only if they are deemed insane at the time of the crime • Must prove mental disease or disorder • Entrapment: admits to the crime, but claims they were induced or persuaded by a LEO. • Duress: doing something as a result of coercion or a threat of immediate danger to life or person safety. • Necessity: compelled to react to a situation that is unavoidable in order to protect life.

  6. Problem 11.3/Page 132 • Continue on the last sheet of paper.

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