1. Criminal Defenses

2. Plea Bargains  Most criminal cases never go to trial  accept plea bargain before trial.  Plea bargain – the defendant (with attorney advice) agrees to plead guilty in exchange for the prosecution agreeing to charge the defendant with a lesser crime, resulting in a lesser punishment.  The judge must officially accept the guilty plea.  Was it made freely, voluntarily, and with all the facts?  Plea bargains allow the gov’t to avoid time and money involved with going to trial AND the defendant still receives a punishment.

3. Prosecution vs. Defense  If you don’t accept or are not offered a plea bargain, you will go to trial and risk being found guilty of the alleged crime.  The prosecution has the burden of proof.  Must prove beyond a reasonable doubt that the accused defendant committed the crime.  The defense is not required to present a defense.  Forces the prosecution to prove its case.  There are a number of defenses a defendant can use considering the crime at hand.

4. No Crime Was Committed DefenseDescriptionExamples No Crime Committed Presentation of evidence that no crime was actually committed. “A gun crime did not occur because I have a valid license.” “Rape did not occur because the woman was of legal age and consented.” No Criminal Intent Presentation of evidence that there was no criminal intent. “I mistakenly took another person’s coat when leaving the restaurant, therefore I am innocent of a larceny charge because it was an honest and reasonable mistake.”

5. Defendant Did Not Commit the Crime DefenseDescriptionExamples AlibiPresentation of evidence that the defendant was somewhere else at the time the crime was committed. “I did not steal the TV and jewelry because I was at dinner with my family and many people can corroborate my alibi.” “I am not the murderer because the DNA found at the scene does not belong to me.”

6. Crime was Excusable/Justifiable DefenseDescriptionExamples Self-defensePresentation of evidence that the crime was justifiable due to threat of imminent danger of bodily harm Cannot use more force than necessary. Deadly force only when reasonable threat to life or safety. Depending on the state, you may or may not be able to use deadly force in defense of property. Defense of self – “Yes I stabbed him, but he was coming towards me with the intent to severely hurt me.” Defense of others – “Yes I stabbed him, but he was coming at my child with the intent to severely hurt him.” Defense of property – “Yes I shot him in the leg, but he was trying to steal my car.”

7. Defendant is not Criminally Responsible for Crime DefenseDescriptionExamples InfancyPresentation of evidence that at the time of the crime, the defendant had not reached the age of criminal responsibility, In NC… 5 and under – not capable of understanding criminal nature of actions 6-13 – can use infancy defense 14 and older – treated as criminally responsible “I am only 10 years old, therefore I am not criminally responsible for taking the Play Station from the store without paying.” In the 1990s, a 12 year old boy tried to use the infancy defense for killing a 6 year old girl in using a wrestling move that he saw on TV. The court did not allow him to use the defense and actually decided to try him as an adult rather than a juvenile. He was sentenced him to life in prison.

8. Defendant is not Criminally Responsible for Crime DefenseDescriptionExamples IntoxicationPresentation of evidence that at the time of the crime, the defendant was so drunk/high that they did not know the criminal nature of the act. Voluntary intoxication is generally not an acceptable defense. Intoxication defense might apply to situations in which a person was so intoxicated they could not have formed the INTENT to commit the crime. You are charged with assault with intent to kill. “I was drugged against my will, therefore I am not responsible for the assault I committed.” OR “I was so high at the time, that I was not mentally capable of forming the intent to kill.” The question here is if you had the intent to kill before he committed assault. YES – no intoxication defense NO – possible intoxication defense for the “intent to kill” charge, but would still be charged with assault.

9. Defendant is not Criminally Responsible for Crime DefenseDescriptionExamples EntrapmentPresentation of evidence that the defendant committed the crime but claims that he/she was persuaded to commit the crime by a law enforcement officer. No entrapment when a police officer provides the opportunity to commit the crime. Defense has to prove that the defendant would not have committed the crime if the police officer hadn’t persuaded them to. Difficult to prove. Used for victimless crimes. “Yes, I bought drugs from the undercover cop, but I wouldn’t have done so if he didn’t approach me out of nowhere and convince me to try it.” Entrapment could work if it is proven reasonable that any law-abiding citizen would be persuaded to act the same. Entrapment would be more difficult to prove if you had a history of drug- related crimes (showing that you are more predisposed to committing relating crimes).

10. Defendant is not Criminally Responsible for Crime DefenseDescriptionExamples DuressPresentation of evidence that the defendant committed the crime as a result of coercion or a threat of immediate danger to life or safety. Must prove: Threat of serious harm or death The threatened harm is greater than the harm of the committed crime Threat is immediate and inescapable Defendant was involved through no fault of their own. Not a defense to homicide. “Yes, I stole the money from the vault, but a gun was pointed at my head and I would have been killed if I did not comply.”

11. Defendant is not Criminally Responsible for Crime DefenseDescriptionExamples NecessityPresentation of evidence that the defendant committed the crime while reacting to a situation that was unavoidable in order to protect life. Must prove there were no lawful alternative actions and that the harm created was less than the harm avoided. Never a defense for homicide. “Yes, I threw the expensive goods overboard, but the boat was going to sink and kills us all otherwise.” “Yes, I was going 110 MPH and ran red lights and caused a minor car accident, however my father was having a heart attack in the car and we were going to the hospital.”

12. Defendant is not Criminally Responsible for Crime DefenseDescriptionExamples Insanity Used in about 1% of all criminal cases and is rarely successful. DEFENSE has burden of proof to prove insanity, not prosecution. Presentation of evidence that because of mental disease or defect, the defendant should not be held responsible for the crime. M’Naughten Rule – defense must prove that the defendant was “insane” at the time of the crime. Insane – mental illness of such a severe nature that a person cannot distinguish fantasy from reality, cannot conduct her/his affairs due to psychosis, or is subject to uncontrollable impulsive behavior. Defendant undergoes examinations by doctors and psychiatrists who share their findings with the court. In 1981, John Hinckley Jr. shot then-U.S. President Ronald Reagan, a secret service agent, a Washington police officer, and Reagan's press secretary James Brady. Hinckley claimed that he was trying to impress the actress Jodie Foster, with whom he was infatuated. A jury acquitted Hinckley of 13 assault, murder, and weapons counts, finding him not guilty by reason of insanity.

13. Insanity Defense…  Judge or jury (whoever is deciding guilt) evaluates the defense to approve or deny its use.  If approved, there are 4 verdicts… 1. Innocent 1. Acquitted of crime completely 2. Guilty (therefore, not insane at time of crime) 1. Results in incarceration in prison 3. Not guilty by reason of insanity 1. Results in institutionalization (mental institution) 4. Guilty but mentally ill 1. Results in institutionalization and later transfer to a prison once judged sane.

14. Brandon Wilson  1998 – followed a boy into a public men’s restroom and slit his throat, killing him.  1999 - Pled not guilty by reason of insanity  Video on his use of the insanity defense. Video on his use of the insanity defense.