1. LS507 Understanding Criminal Responsibility Defenses Unit 8 Dr. Christie L. Richardson Kaplan University

2. Introduction A defendant in a criminal case may be entitled to use defenses to avoid punishment. A defense is not the same as denying an element of a crime. –For instance, if a person is accused of murder and presents evidence that he did not commit the murder, that is not a defense in the sense of the word used in this chapter. A defense is something used after a case has already been proven. –“I know I’m guilty, but I had a good reason.” –So, self-defense to murder is, as its name suggests, what happens when a defendant admits to murder but claims that he had to kill the other person to protect himself? – Thus, a defendant uses a defense when a crime has been committed, but he believes he should not be punished because he had a good reason for committing it.

3. Categories of Defenses Defense of Justification The defendant had to commit the crime for a very compelling reason. Self defense is a defense which is justified because the saving of the life of an innocent is worth the risking of the life of an aggressor. Committing reasonable traffic violations while en route to a hospital in an emergency might also be a justified defense since the benefits of saving a life outweigh the risks associated with carefully speeding or parking illegally. Traditional examples of murder which is justified include murders committed in war.

4. Categories of Defenses Excuse –Someone may kill another based on a mistake of fact. You will remember from previous units that a mistake of fact does not protect someone from criminal liability. However, a reasonable mistake of fact might provide a defense to that liability. –An example of this would be if a defendant shoots another because he thinks the other person is pointing a gun and threatening him, when in reality the threatening object is a cell phone instead of a gun. –If the defendant was reasonable in his belief (perhaps it was dark and the person with the object was making threats and claiming that he had a gun) then his action might be excused in some states. –This is not justification because the defendant did not save anyone’s life. But it may be excused.

5. Mistake of Fact But what if the mistake of fact is unreasonable? What if a woman murders her husband because she thinks he is the reincarnation of Adolph Hitler and her pet dog told her to kill him? –The woman’s belief was unreasonable, so she should not have any excuse since unreasonable beliefs do not excuse crimes. –However, if her beliefs are so bizarre that she can satisfy the rigorous test for being insane, she might be able to raise insanity as an excuse. –Insanity is an excuse because society does not generally advocate punishing the insane. An insane person may be subjected to long-term confinement for treatment, however.

6. Justification v. Excuse Justification –Focuses on the act (killing another saves a life); whereas, Excuse –Focuses on the actor (he thought killing another would save a life but he was wrong).

7. Town Hall Meeting This week ’ s Town Hall introduced you to one of the most controversial topics in criminal law defenses. It is here that we address what should happen to people who commit crimes but have some type of reason for doing so that society recognizes as so compelling that the defendant should not be punished, or should be punished in some less severe way. We have all read about cases in the news where a defense was utilized. Look up one of them and be prepared to talk about it this week!