Criminal Defense.

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Presentation transcript:

Criminal Defense

How does one defend a person accused of a criminal offense?

1. Prove that the accused did not do it because they have: No motive. A good alibi. Been mistakenly identified.

2. Self-Defense A person who reasonably believes there is imminent danger of bodily harm can use a reasonable amount of force as self defense. A Quick Lesson on Self Defense?

BUT Non-lethal to protect stuff. Lethal to protect your life or the lives of others.

3. Duress and/or Necessity Defendant could not exercise “free will” because of coercion and/or threat of immediate danger He/she HAD to commit the crime to save his/her life It is a part of the self defense plea. Duress or Necessity are not defenses to homicide…

4. Prove that the defendant was too young to understand the gravity of their act (7 and under)

You are automatically charged as an adult in Wisconsin at the age of 17.

5. Prove that the defendant was intoxicated. Must prove that he could not form the thought of intent (mens rea) Usually only works if the intoxication was involuntary. Usually only lessens the degree of the crime NOT excuse it.

6. Prove that the defendant was legally insane Did not know right from wrong and/or was insane at the TIME of the crime (M’Naughten Rule, 1843) Irresistible Impulse: impossible to control personal conduct (Jeffery Dahmer) Incompetent to stand trial. Despite popular opinion, this defense is only used in 1% of criminal cases and is successful only 25% of the time.

7. Proved that the defendant was entrapped. Law enforcement persuades the accused to commit a crime Predisposition of the defendant to commit an offense is the determining factor. To Catch a Predator...

A little something… If the defense fails…