2. Defenses

3. 1. Innocent until proven guilty: In criminal cases, the burden of proof falls on the prosecutor. a. The defendant is not required to do anything to defend him/herself. b. But, in reality, a no defense looks like an admission of guilt

4. a. No Crime Has Been Committed i.Demonstrate that either action or intent is lacking ii. Ex: There was no act of statutory rape because both parties were over the age of consent at the time of the act. iii. Ex: There was no intent because the bags looked identical, and the person truly mistook it for their own

5. b. Defendant Did Not Commit the Crime i.Prove case of mistaken identity ii.Establish alibi: evidence that defendant was elsewhere when the crime was committed 1.alibis must be supported by someone else

6. c. Criminal Act Was Justified (i. Three types) 1.self-defense or of property or others: use of reasonable force to protect one’s self or property or to protect others a. must reasonably believe danger is imminent b. must use equal force

7. 2. duress: commission of a crime when not acting in one’s own free will a. the defendant or a member of the defendant’s immediate family must be threatened with death or serious bodily harm

8. 3. necessity: commission of a crime because no alternative is available no other way exists to avoid threatened harm economic necessity is not a defense

9. 4. Neither duress nor necessity can be used in case of homicide

10. d. Defendant Not Criminally Responsible (Four types) 1. Infancy: Children under a certain age cannot be charged for crimes or are turned over to the juvenile court system Age and laws vary from state to state

11. 2. Intoxication: altered mental state negates the mental state requirement for the crime Generally, voluntary intoxication is not a legal defense Only applicable in crimes where specific intent is an element

12. 3. Insanity: People with a mental disease or defect can not be convicted when their mental state prevents them from distinguishing right and wrong or from understanding the nature of their action

13. a. Mental state is used to determine: i. If the defendant is competent to stand trial ii. If the defendant was sane at the time of the crime iii. Whether the defendant is sane after the trial (for sentencing)

14. b. Defendant must be found to have been insane at the time of the crime to use defense

15. c. Not guilty by reason of insanity: Successful use of this defense requires that the defendant be committed to a mental institution

16. 4. Entrapment: Criminal act was committed, but as a result of convincing by a law enforcement official i.Must prove that the defendant would not have committed except for the convincing of the police ii.Can not be used as a defense for crimes involving serious physical injury