Defenses Against Criminal Charges

1. Defenses Against Criminal Charges Criminal Law & Procedure Mike Brigner

2. Resources • Text Chapter 7 • See Defenses Chart, pp. 256-258

3. 1st Amendment: religion, speech, assembly 4th Amendment: search & seizure 5th Amendment: due process, double jeopardy, no self incrimination Constitutional Defenses

4. 6th Amendment: speedy & public trial, confront witnesses, counsel, subpoena witnesses Right to counsel is rationale for “Miranda Rights” (Miranda v. Arizona, 384 U.S. 436 (1996)) 7th Amendment: right to jury trial 8th Amendment: bail & punishment Constitutional Defenses

5. Missing Elements • Reasonable doubt as to any element of the charge • Missing ACT • Act was involuntary • Missing body • Alibi - SODDI defense - “I wasn’t even there - my Mom will tell you that” • Missing MENTAL INTENT • Diminished Capacity • Consent • Mistake of Fact • NOT Mistake of Law

6. Justification Defenses • “I did it, but” = justification • Self-defense (but may be duty to retreat) • Defense of others • Battered women’s syndrome • Defense of property • Public duty

7. Justification: Public Duty • Society restricting use of deadly force to arrest suspects • Danger to bystanders • Balance likely harms • Society restricting high-speed chases to apprehend offenders

8. Excuse defenses • Affirmative defense: “I did it but I’m not responsible” • Duress • Necessity • Entrapment (by gov’t inducement) BUT: Was defendant already involved in the crime? • Burden of proof: On the defendant

9. Excuse defenses • Insanity: R.C. 2901.01 (A)(14) and 2901.05 - Mental disease/defect prevented accused from knowing conduct wrong at the time of the conduct • Burden of proof: On Defendant in Ohio, & standard is preponderance of evidence • Competence to stand trial is separate issue. Not a defense, but mental state at the time of trial

10. Defenses Against Criminal Charges Concluded Thank you