DEFENSES Chapter 11

SELF DEFENSE Not Charged John Pontolillo Use of reasonable force against unlawful attacks Can also be in defense of others Deadly force for reasonable belief of imminent danger of death / serious harm John Pontolillo 2009 Baltimore, Maryland JHU Grad Student confronted prowler, backed against wall Swung samurai sword twice… …prowler died on scene Not Charged

SELF DEFENSE Convicted Charles Clements Use of reasonable force against unlawful attacks Can also be in defense of others Deadly force for reasonable belief of imminent danger of death / serious harm Charles Clements 2010 Chicago, Illinois Confronted dog owner w/ gun… …received punches & threats 69 yr old charged with 2nd degree murder of 23 yr old Convicted (4 yrs probation)

INFANCY Convicted Barry Massey Generally aged 7 & younger (US States=6-12, Fed=11) No criminal responsibility Barry Massey 1987 Seattle, Washington 13 yr old killed store owner Motive = candy Convicted (Life w/out parole)

(Lacked criminal capacity) INFANCY Generally aged 7 & younger (US States=6-12, Fed=11) No criminal responsibility Andrew Ramer 2001 Washington 11 yr old sexual assault on 7 yr old Difference in expert opinions Difference in court opinions Acquitted (Lacked criminal capacity)

INTOXICATION Convicted Keith Elson Jr Involuntary Voluntary might defend “Specific Intent Crimes” Keith Elson Jr 2010 Iowa Kidnapped 19 yr old store clerk 7 hrs of brutal sexual assault in his apartment .216 BAC Convicted (life in prison)

Not guilty by reason of insanity (Hospital for Criminally Insane) Was defendant sane at time of criminal act? Is defendant competent to stand trial? Not guilty by reason of insanity/Guilty but mentally ill Commitment to mental institution John Hinckley 1981 Washington DC Assassination attempt on Pres. Reagan Motive = impress Jodie Foster Not guilty by reason of insanity (Hospital for Criminally Insane)

(15 consecutive life sentences) INSANITY Was defendant sane at time of criminal act? Is defendant competent to stand trial? Not guilty by reason of insanity/Guilty but mentally ill Commitment to mental institution Jeffrey Dahmer 1991 Milwaukee, Wisconsin Murdered, mutilated & cannibalized 15 young men Plead not guilty by reason of insanity Convicted (15 consecutive life sentences)

…but, OVERTURNED by USSC ENTRAPMENT Police persuade defendant to commit the crime Defendant wouldn’t have committed w/out police inducement Not just providing an opportunity Keith Jacobson 1992 Nebraska Possession of Child Porn Claimed setup by FBI, USPS Fictional Organizations, Mail order catalogs …but, OVERTURNED by USSC (contacted by government over 20 times!) Convicted

(initiated by tv producers….. …lacked the specific intent) ENTRAPMENT Police persuade defendant to commit the crime Defendant wouldn’t have committed w/out police inducement Not just providing an opportunity Joseph Roisman 2006 Petaluma, California Contacted by ‘underage teen’ in chat room (How to Catch a Predator tv show) Charged w/ Lewd & Lascivious conduct w/ a minor Acquitted (initiated by tv producers….. …lacked the specific intent)

DURESS Convicted Peter Daniel Schoemig Actions a result of coercion or threat of immediate danger Inability to exercise free will Not a defense for homicide Peter Daniel Schoemig 2006 Reno, Nevada 1st Degree Murder / Torture “Forced” to tie up, drug victim… …then dispose of body Convicted (25 to life)

NECESSITY Convicted Scott Roeder Compelled to react to unavoidable situation to protect life Not a defense for homicide Scott Roeder 2009 Wichita, Kansas Murder of abortion clinic doctor Claimed it was necessary to prevent killings of fetuses Convicted (hard 50)

(conviction overturned) NECESSITY Compelled to react to unavoidable situation to protect life Not a defense for homicide Lisa Marie Leprowse 2008 Montana DUI conviction Appealed, DUI was necessary to escape harm from armed assailant Acquitted (conviction overturned)