Chapter 11 - Defenses

1. Chapter 11 - Defenses In the U.S. Court System, the prosecutor must prove beyond a reasonable doubt that the defendant committed the act in question with the required intent. What is the burden of proof in a criminal case? What is the burden of proof in a criminal case?

2. No Crime has been committed (negative defense) The defendant can show: No crime was committed or That there was no criminal intent (criminal state of mind)

3. Defendant did not commit the crime (negative defense) The defendant can present evidence of mistaken identity Alibi � evidence that the defendant was somewhere else at the time the crime was committed.

4. Defendant committed a criminal act, but the act was excusable or justified (affirmative defense) Included in this category are: self � defense and defense of property A person can use reasonable force if they reasonably believe that they are in imminent danger of bodily harm.

5. Reasonable Force? Reasonable nondeadly force can be used to protect property. Some states have enacted �Make My Day� laws which give persons the right to use deadly force to defend their property What type of force can be used to protect property? The difference is, self-defense laws require someone to use a reasonable degree of force against an imminent threat. The �Make My Day� law allows a resident to use any degree of force against an intruder to protect himself, other residents or his property, Earhart said Any occupant of a dwelling is justified in using any degree of physical force, including but not limited to deadly force, against another person who has made an unlawful entry into that dwelling, and when the occupant has a reasonable belief that such other person might use any physical force, no matter how slight, against any occupant of the dwelling. States: Texas, Colorado, OklahomaWhat type of force can be used to protect property? The difference is, self-defense laws require someone to use a reasonable degree of force against an imminent threat. The �Make My Day� law allows a resident to use any degree of force against an intruder to protect himself, other residents or his property, Earhart said Any occupant of a dwelling is justified in using any degree of physical force, including but not limited to deadly force, against another person who has made an unlawful entry into that dwelling, and when the occupant has a reasonable belief that such other person might use any physical force, no matter how slight, against any occupant of the dwelling. States: Texas, Colorado, Oklahoma

6. Bernhard Goetz Story If Goetz were tried for assault, what would he have to establish to self-defense? Based on the facts given above, do you believe it was self-defense? On the afternoon of December 22, 1984, four African American youths boarded an express subway train in the Bronx on a mission to rob video game machines in lower Manhattan. At about 1:40 in the afternoon, Bernhard Goetz, a slight, eyeglass-wearing 36-year-old electronics engineer, entered the same downtown train at the 14th Street station in Manhattan. He too was on a mission. With around 20 other passengers in the car, Goetz sat down across from the group of four. A few moments later, two of the four - Barry Allen and Troy Canty - arose and approached Goetz. The other two, James Ramseur and Darrell Cabey, followed soon thereafter and they surrounded Goetz. Canty asked Goetz for $5. Goetz acted as if he didn't hear Canty and asked him to repeat himself. Canty responded, "Give me your money." Goetz stood up, drew a 38 caliber Smith and Wesson revolver from his jacket and fired shots at the youths. All four were hit and, as Cabey lay bleeding, Goetz said "You don't look too bad, here's another." The last shot severed his spinal chord and left Cabey paralyzed. The conductor of the train heard the shots and pulled the emergency brake cord. The train came to a stop between stations and Goetz managed to escape through the opening between two cars and he would not be seen again for well over a week. After the shooting, Goetz rented a car and fled to Vermont. If he thought people would forget about the shooting after a few weeks, he was wrong. Goetz finally surrendered nine days later to police in New Hampshire on New Years Eve.On the afternoon of December 22, 1984, four African American youths boarded an express subway train in the Bronx on a mission to rob video game machines in lower Manhattan. At about 1:40 in the afternoon, Bernhard Goetz, a slight, eyeglass-wearing 36-year-old electronics engineer, entered the same downtown train at the 14th Street station in Manhattan. He too was on a mission. With around 20 other passengers in the car, Goetz sat down across from the group of four. A few moments later, two of the four - Barry Allen and Troy Canty - arose and approached Goetz. The other two, James Ramseur and Darrell Cabey, followed soon thereafter and they surrounded Goetz. Canty asked Goetz for $5. Goetz acted as if he didn't hear Canty and asked him to repeat himself. Canty responded, "Give me your money." Goetz stood up, drew a 38 caliber Smith and Wesson revolver from his jacket and fired shots at the youths. All four were hit and, as Cabey lay bleeding, Goetz said "You don't look too bad, here's another." The last shot severed his spinal chord and left Cabey paralyzed. The conductor of the train heard the shots and pulled the emergency brake cord. The train came to a stop between stations and Goetz managed to escape through the opening between two cars and he would not be seen again for well over a week. After the shooting, Goetz rented a car and fled to Vermont. If he thought people would forget about the shooting after a few weeks, he was wrong. Goetz finally surrendered nine days later to police in New Hampshire on New Years Eve.

7. Bernhard Goetz Continued Should the teenagers be charged? Should citizens be allowed to carry guns and use them in self-defense? Bernhard Goetz was eventually acquitted for attempted murder and assault. However, he was found guilty of illegal possession of a deadly weapon and reckless endangerment and spent some time in prison. Do you think that the court made right decision in the Goetz case? Why or why not? $43,000,000 Before the criminal case was over, Darrell Cabey, who had been paralyzed and partially brain damaged in the shooting, filed a civil suit against Goetz. That was in 1985. On April 24, 1996, a jury found that Goetz had acted recklessly and deliberately inflicted emotion distress on Cabey and awarded him $43M in damages ($18 million for past and future pain and suffering and $25 million in punitive damages). Shortly thereafter Goetz filed for bankruptcy. In such cases, the court would usually garnish 10% of his wages for 20 years. But it is unlikely Cabey will ever see any of the money as Medicaid has the first claim on income Goetz receives (to reimburse the government for Cabey's medical bills).Do you think that the court made right decision in the Goetz case? Why or why not? $43,000,000 Before the criminal case was over, Darrell Cabey, who had been paralyzed and partially brain damaged in the shooting, filed a civil suit against Goetz. That was in 1985. On April 24, 1996, a jury found that Goetz had acted recklessly and deliberately inflicted emotion distress on Cabey and awarded him $43M in damages ($18 million for past and future pain and suffering and $25 million in punitive damages). Shortly thereafter Goetz filed for bankruptcy. In such cases, the court would usually garnish 10% of his wages for 20 years. But it is unlikely Cabey will ever see any of the money as Medicaid has the first claim on income Goetz receives (to reimburse the government for Cabey's medical bills).

8. Defendant Committed a Criminal Act but is not criminally responsible for his or her actions (affirmative defense) Infancy � A child under a certain age cannot be tried, but instead are handed over to Juvenile court. Intoxication � Defendants claim that they were so drunk or high that they didn�t know what they were doing

9. Insanity The insanity defense has grown over the years The accused do not know the difference between right or wrong, because of a mental state or disease or lack the �substantial capacity� to appreciate the nature of the act. What is the legal definition of insanity? DEFENSE, INSANITY - A criminal defense asserting that at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts. Mental disease or defect does not otherwise constitute a defense. U.S.C. 18A person is insane, and is not responsible for criminal conduct if, at the time of such conduct, as a result of a severe mental disease or defect, he was unable to appreciate the nature and quality or the wrongfulness of his acts. This is because willful intent is an essential part of most offenses; and a person who is insane is not capable of forming such intent. Mental disease or defect does not otherwise constitute a defense; the person has the burden of proving the defense of insanity by clear and convincing evidence. What is the legal definition of insanity? DEFENSE, INSANITY - A criminal defense asserting that at the time of the commission of the acts constituting the offense, the defendant, as a result of a severe mental disease or defect, was unable to appreciate the nature and quality or the wrongfulness of his acts. Mental disease or defect does not otherwise constitute a defense. U.S.C. 18

10. More Insanity M�Naghten test - Laboring under such a defect of reason From a disease of the mind As not to know the nature and quality of the act he/she was doing Or if he/she did know it, the he/she did not know what he/she was doing was wrong

11. Insanity Continued Accused mental state can be an issue in Whether the defendant is competent to stand trial If defendant was sane at the time If defendant is sane after the trial

12. Entrapment Entrapment defense applies when the defendant admits committing a criminal act but claims that he or she was induced, or persuaded to commit the crime by a law enforcement officer Cannot be used in the case or murder or rape

13. Duress Duress is when a person does something because of the threat of immediate danger to life or personal safety.

14. Necessity Necessity is when a person is compelled to react to a situation that is unavoidable in order to protect life. Necessity is not a defense to homicide under the old system However under the Model Penal Code you can claim necessity for murder or manslaughter

15. What is the Model Penal Code? One of the defining features of the Model Penal code is the way it defines crime The model penal code has a standardization of the Mens Rea (criminal mind) to determine levels of mental state This means that the law would take into account a person�s state of mind when deciding to prosecute them for crimes committed