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Defenses

Defenses. Obj : Understand the role of defenses in criminal law. Defenses. To be found guilty of a crime the prosecution must prove Beyond a Reasonable Doubt that the defendant committed the crime. Prosecutor must prove all elements of the crime and the state of mind.

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Defenses

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  1. Defenses Obj: Understand the role of defenses in criminal law

  2. Defenses To be found guilty of a crime the prosecution must prove Beyond a Reasonable Doubt that the defendant committed the crime. Prosecutor must prove all elements of the crime and the state of mind.

  3. “I didn’t do it” vs“I shouldn’t be held guilty” In these circumstances the defendant creates reasonable doubt.

  4. “I Didn’t Do It” No crime has been committed, plain and simple Ex: A woman may carry a gun, but she has a permit A woman takes a purse that is identical to hers, but it turns out not to be. If it was an honest & reasonable mistake and she returned it.

  5. “ I Didn’t Do it” Defense can prove he didn’t commit a crime by presenting an Alibi- defendant was somewhere else when crime occurred. Ex I couldn’t have robbed the store because I was at work and my students can prove it. DNA can also prove innocents (finger prints, hair, saliva

  6. “I Shouldn’t Be Held Guilty” Defendant committed the criminal act but should not be found guilty. Excusable or Justifiable

  7. Excuse Defenses: These defenses apply when the actor lacks the requisite mental condition to form intent. There are four excuse defenses. Justification Defenses: These defenses apply when the defendant admits to the criminal act, but argues that the act was justified. There are four justification defenses. Defenses Under Criminal Law

  8. Excusable Defenses • Infancy - Youthful offenders cannot understand the consequences of their actions. • Usually age 7 -14 but some states may have other laws. Also depends on the Malice

  9. Excusable Defenses • Insanity- A person cannot have the state of mind to commit the crime if s/he didn’t know the act was wrong, or didn’t understand the quality of the act. • Only applies if insane at the time of the crime

  10. Insanity is determined by: • M’Naughten Rule • A person is insane if they can’t distinguish right from wrong • ALI/MPC Test • Also known as the substantial capacity test, the defendant must lack the capacity to appreciate the wrongfulness of his/her conduct. • Irresistible Impulse Test • A person is insane if some “irresistible impulse” resulting from a mental deficiency drove him or her to commit the crime

  11. Excuse Defenses: • Intoxication • Voluntary and Involuntary • Mistake • Mistake of Fact • Mistake of Law

  12. Justification Defenses: • Duress • The defendant is threatened with seriously bodily harm, which induces him/her to commit the crime. • If some one has a gun to your head and demands you rob the bank • Self-Defense • The defendant must protect him/herself from injury by another. • Cannot use more force than appears necessary • Duty to retreat. • “Make My Day Laws”- Allows you to use deadly force

  13. People vs Goetz • Facts: • Goetz shot 4 teens while riding a NYC subway. He claims self defense for the crimes of attempted murder and assault. • Goetz was robbed on a train a few yrs ago. He feared it would happen again, esp in his hood which is plagued by drug addicts and criminals. • He applied for a gun license but was denied. He bought & carried a gun anyway

  14. One day on the train Goetz was surrounded by 4 teens. They asked him first “for the time,” then “a match” and then “$5 to play video games.” Goetz replied with “I’ll give you each $5.” Then pulled the gun out of his pocket and shot all 4 teens. Evidence shows that he shot 1 teen in the back as he lay on the floor. Goetz ran from the train and was later arrested.

  15. All 4 teens were seriously hurt & 1 was paralyzed. 3 of the teens carried sharpened screwdrivers in their pockets at the time of the shooting. They claimed they were for prying open video game machines to steal quarters.

  16. Prosecutors argue that Goetz cannot use self defense The defense argues that Goetz actions were justified as self defense. Count off by 3’s. 1’s = prosecution; 2’s = defense; 3’s = judge

  17. Prosecution: Make a list of reasons why Goetz should go to jail Defense: Make a list of why Goetz should be found not guilty Judge: Make list of questions to ask each side Prosecution goes first then defense. Judge can interrupt at any time to ask questions

  18. Verdict Goetz was fount not guilty of attempted murder and assault, but guilty of illegal possession of a gun and reckless endangerment and spent time in jail.

  19. “Make My Day Laws” Do not have to retreat nor announce use of deadly force OR does not recognize this defense but WA does. What do you think of Make My Day laws?

  20. Justification Defenses • Necessity • Circumstances required the defendant to commit the act. • Entrapment • The defendant claims (s)he was induced by police to commit the act.

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