Defenses

 Option #1: do not present any defense force government to prove its case  Option #2: Incorporate any number of defense strategies that are more proactive, present evidence to show…. (1) that no crime was committed (2) No criminal intent was involved

When to use this defense: – No doubt t that a crime has been committed What is typically said: – Mistaken identity – Offer alibi = evidence that defendant was not present when crime was committed DNA Evidence: – Use DNA evidence to prove he/she did not commit the said crime – DNA evidence has been used to set free convicted felons later found innocent

When are criminal acts excusable? – Self-defense – Defense of property – Defense of others What the law allows: – Use of reasonable force for self-defense – Use of reasonable force to defend someone else from attack – Use of non-deadly force to protect property What is not allowed: – Use of more force than appears to be necessary

Element 1: Confession – Acknowledges he/she committed the act Element 2: The Reason/Defense – Infancy – Intoxication – Insanity – Entrapment – Duress – Necessity

 The defense of intoxication refers to a person who is so drunk or under the influence of a substance that s/he did not know what s/he was doing at the time of the crime.  There are 2 types of intoxication defenses. They are: 1. Voluntary Intoxication 2. Involuntary Intoxication

 Voluntary Intoxication occurs when s/he becomes intoxicated of his/her own free will. However, you cannot get yourself intoxicated to establish the defense.  Voluntary Intoxication is only a valid defense against specific intent crimes. However, most specific intents can form in a split second, so if the plan is hatched before the intoxication, this is not a valid defense.  It is not a valid defense against: 1. General Intent Crimes 2. Crimes of Malice 3. Crimes of Recklessness 4. Strict Liability Crimes 5. Crimes of Negligence

 Related to insanity is incompetency. Incompetency is when a person is so mentally disabled that s/he does not understand the legal proceedings being brought against him/her or cannot assist the lawyer in his/her defense. All defendants are generally assumed to be competent.

 A person who is incompetent will be held in a civil confinement until such time as the s/he is no longer incompetent. Once the person is released, s/he will immediately be tried for the original crime.  In either case, the civil confinement can be longer than the original criminal sentence!!!!

 The general rule is ignorance of the law is NO excuse. The only exception to this is when the law has never been published anywhere…which hasn’t happened in over 100 years.  There is a related defense that is the reasonable reliance on a government official. An example is a police officer directing traffic in a manner that would otherwise violate the law.

 Because there are times and situations that often go beyond a person’s ability to control, there are several excuses and justifications to crimes that are allowed by the law.  The difference between an excuse and a justification is that society does not want to encourage excuses. … not all that common or successful.

 Justifications are more common and successful because they are more understandable situations.  The most common excuses and justifications are: 1. Duress 2. Necessity 3. Self Defense 4. Defense of Others 5. Defense of Property 6. Entrapment

 1. person is under imminent physical harm or death.  2. Threat immediate and inescapable  3. Involved through no fault of their own Duress may also occur when the threat of imminent harm is applied to a third person, such as a child or spouse.  Duress is a defense to almost any crime except a homicide.