1. Defenses Alibi Self-Defense Legal Duty Excusable Conduct
Mental Disorder
Intoxication
Automatism
Consent Entrapment
Mistake of Fact
Double Jeopardy
1- Prove the accused is not guilty
2- Convict of a lesser offense

2. Defenses: Alibi The best possible defense.
Must be offered as early as possible to maintain credibility.
Offers an explanation as to the whereabouts of the accused at the time of the offense.

3. Defenses: Self Defense
May defend: yourself, those under your protection, movable and real property, home.
Force must be “necessary”.
Force must be “reasonable”.
Section 38- Stopping a Thief
Section 40- Defending Your Home

4. Defenses: Legal Duty
Certain people, by virtue of their profession, in certain situations.
Police officers → speeding, force in arresting.

5. Defenses: Duress Provocation Duress Honest Mistake
R v. Morgentaler: “urgent situations of clear and imminent peril when compliance with the law is demonstrably impossible”
Honest Mistake
But not ignorance of law

6. Defenses: Mental Disorder
Section 2- Definitions
Fitness to Stand Trial
Forensic Psychiatry
Understanding proceedings
Understanding consequences of proceeding
Communicating with counsel
Fitness at time of Offense
Vincent Li

7. Defenses: Intoxication
General vs. Specific Intent Offenses
Limitations, especially in sexual offense cases. Why?
Recall, intoxication itself can be an offense (in public, while driving, etc).

8. Defenses: Automatism
“unconscious, involuntary behaviour… the state of a person who, though capable of action, is not conscious of what he is doing”
Element of consciousness. Where else do we see this?
Sleepwalking, convulsions, psychological stress.
Cases

9. Defenses: Consent
Used in assault cases (professional sports), some sexual offenses.
May never be used for firearms, murder or sexual offenses under the age of consent.

10. Defenses: Entrapment Abuse of police power.
Not a true defense; results in a stay of proceedings.

11. Defenses: Mistake of Fact
Generally, ignorance of the law not acceptable. Why?
Mistake of Fact accepted if:
Genuine and not a result of neglect.
Law states this defense is acceptable.
Counterfeit Money
Possession of Stolen Goods

12. Defenses: Double Jeopardy
Section 11- Definition
is a procedural defence that forbids a defendant from being tried again on the same (or similar) charges following a legitimate acquittal or conviction.
Two options
Autrefois acquit
Autrefois convict

13. The Profession Click in slideshow view for link to article.
What stood out to you from a moral perspective? From a legal perspective?
How do defense attorneys live the maxim, “It is better for 100 guilty people to go free than one innocent person be imprisoned.”? To what extend do you agree with this statement?
Do you have personal experience with someone practicing as a defense attorney (parents, friend, etc)? What have you noticed about their practice, their career, their orientation to their work?

14. What are the unique challenges of a defense lawyer?
What role do defense attorneys play in the Canadian legal system? (technical/practical, philosophical?)
What are the unique challenges of a defense lawyer?
What role do defense attorneys play in mediating the relationship between the state and the individual?
Should individuals have the right to represent themselves at trial?
Gregory Peck as Atticus Finch in To Kill A Mockingbird (1962)