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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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