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Defenses

Defenses. Those who are accused are not required to present a defense. They can simply force the government to prove its case. DNA Evidence. A “fairly” recent scientific development that can help prove a defendant is guilty. No Crime.

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Defenses

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  1. Defenses

  2. Those who are accused are not required to present a defense. They can simply force the government to prove its case.

  3. DNA Evidence • A “fairly” recent scientific development that can help prove a defendant is guilty.

  4. No Crime • In order for the accused to prove that they are innocent, they must prove • That no crime was committed • (Ex. Someone takes drugs across state lines but the drugs are fake) • Someone agrees to buy stolen property that isn’t really stolen • That there was no intent

  5. Intoxication • When some claims to be so drunk or high on drugs that they did not know what they were doing. Helps prove lack of intent • The accused can still be convicted, but of a lesser charge if they were so intoxicated there couldn’t be intent.

  6. Entrapment • When someone commits a crime but claims they were persuaded to commit a crime by a law enforcement officer. • Ex. Police make someone’s girlfriend pressure him to buy drugs.

  7. Self Defense • Self defense is the action by which a person protects himself from any bodily harm arising out of an encounters or attacks from other person either by protecting him or by blocking the opponents advancement by a counter attack. • Self defense is not a crime so accused may be tempted to show their action as self defense to escape punishment • There must be imminent danger

  8. Insanity Defense • When someone is mentally ill and they either: • Don’t know what they are doing • Don’t know what they are doing is wrong. • Only matters if the accused was insane at the time of the crime.

  9. Guilty but mentally ill • When the defendant is sent to a mental hospital and sent to prison after they recover

  10. Duress • When someone does something as a result of coercion or a threat of immediate danger to life or personal safety. • Not a valid defense in the case of homicide otherwise they aren’t criminally responsible.

  11. Alibi • When someone can prove they were somewhere else when the crime was committed.

  12. Necessity • When someone reacts to a situation that is unavoidable in order to protect life • Not a defense for homicide otherwise they aren’t criminally responsible

  13. Infancy • When children are younger than a specified age they aren’t criminally responsible.

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