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Chapter 11

Chapter 11. Defenses. Mock Trials. 1 st Work Day Nov 2 ½ class 2 nd Work Day Nov 8 ½ class 3 rd Work Day Nov 15 ½ class 4 th Work Day Nov 16 ½ class TRIAL DAY Nov 19/20 Jackson TRIAL DAY Nov 20/21 Minnesota. Defenses.

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Chapter 11

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  1. Chapter 11 Defenses

  2. Mock Trials 1st Work Day Nov 2 ½ class 2nd Work Day Nov 8 ½ class 3rd Work Day Nov 15 ½ class 4th Work Day Nov 16 ½ class TRIAL DAY Nov 19/20 Jackson TRIAL DAY Nov 20/21 Minnesota

  3. Defenses For a conviction, the prosecutor must establish beyond a reasonable doubt that the defendant committed the act in question with the required intent The defendant IS NOT required to present a defense but can instead force the government to prove its case (innocent until proven guilty) However, a number of defenses are available to defendants in criminal cases

  4. Types of DefensesUse your book (p. 126-132) to explain each type of defense NO CRIME HAD BEEN COMMITTED DEFENDANT DID NOT COMMIT THE CRIME DEFENDANT COMMITTED THE ACT, BUT WAS JUSTIFIED DEFENDANT COMMITTED THE ACT, BUT IS NOT RESPONSIBLE INFANCY INTOXICATION INSANITY ENTRAPMENT DURESS NECESSITY

  5. Defenses No Crime has been committed No criminal act was committed No criminal intent was involved Did not commit the crime Mistaken identity (alibi, DNA, etc) Did commit act, but was justified Self Defense (must prove belief of imminent danger to self or others) Cannot use unreasonable force for the situation

  6. Stand Your Ground LawWashington State The law allows use of deadly force in the lawful defense of oneself, a family member, or any other person, when there is reasonable ground to prevent action(s) of the person slain to commit a felony or to do injury or harm, and there is imminent danger of such design being accomplished; or in the actual resistance of an attempt to commit a felony upon the slayer, on those in their presence, or upon or in a dwelling, or other place of abode, in which they are.

  7. Ms. Urbanski kept a pistol in her home as protection against intruders. One evening, she heard a noise in the den and went in investigate. Upon entering the room, she saw a man stealing her television. The burglar, seeing the gun, ran for the window, but Ms. Urbanski fired and killed him before he could escape. In a trail for manslaughter, Ms. Urbanski pleaded self-defense. Would you find her guilty? Why or Why not?

  8. Mr. Peters has a legal handgun to protect his home against intruders and against the increasing crime in his neighborhood. One night, Takeshi, a 16 year old exchange student, walks up to Mr. Peter’s driveway looking for a party. Takeshi thinks Mr. Peters is hosting the party and begins yelling and waving his arms. Mr. Peters gets scared, retrieves his handgun, and points it at Takeshi while yelling “Freeze!” Takeshi does not understand English and keeps walking toward Mr. Peters. Thinking he is an intruder, Mr. Peters shoots and kills Takeshi at the front steps of his house. Mr. Peters is charged with first-degree murder. Does he have a defense?

  9. Would your answers to Situation One and Situation B be any different if your state had a “Stand Your Ground” law? HOW?WHY?

  10. The owner of a jewelry store witnesses a shoplifter stealing an expensive diamond necklace. Can the owner use force to prevent the crime? If so, how much?

  11. Defenses (continued) • Not criminally responsible • Infancy (too young) • Under age 7 – no criminal ability • Under 14 – Juvenile offense • Tried as an adult for most serious crimes • Intoxication (not in control) • Did not know what they were doing • Insanity (certifiable) • People with mental disorders may not be able to form criminal intent • Acquitted due to mental illness or Guilty but mentally ill • 4 states refuse this defense (Montana, Idaho, Utah, Kansas)

  12. Washington State’s Insanity Defense The rules so formulated as M'Naghten's Case have been a standard test for criminal liability in relation to mentally disordered defendants in common law jurisdictions, with some minor adjustments. When the tests set out by the Rules are satisfied, the accused may be adjudged "not guilty by reason of insanity" and the sentence may be a mandatory or discretionary (but usually indeterminate) period of treatment in a secure hospital facility, or otherwise at the discretion of the court (depending on the country and the offence charged) instead of a punitive disposal.

  13. Quick Review What is the INSANTIY DEFENSE? How does it work? Should the INSANITY DEFENSE be kept as it is, changed in some way, or abolished? Explain your answer

  14. Defenses (continued) • Entrapment • Claims they were induced or persuaded by a law enforcement officer • Duress • Acted under great stress, coercion, or threat • Necessity • Unavoidable due to circumstance (to protect someone’s life)

  15. Can entrapment be claimed as a valid defense in any of the following cases? Mary, an undercover police officer masquerading as a prostitute, approaches Edward and tells him that she’ll have sex with him in exchange for $50. Edward hands over the money and is arrested. Jan, a drug dealer, offers to sell drugs to Emilio, an undercover officer posing as a drug addict. Emilio buys the drugs, and Jan is arrested. Rashid, an undercover FBI agent, repeatedly offers Sammy a chance to get in on an illegal gambling ring, with the promise that he will win big. After refusing several offers, Sammy, who has no history of gambling and who just lost his job, finally gives Rashid $200 as a bet. Rashid immediately arrests Sammy.

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