Presentation on theme: "UNIT 2: Criminal Law & Juvenile Justice Chapter 11 Defenses"— Presentation transcript:
1 UNIT 2: Criminal Law & Juvenile Justice Chapter 11 Defenses STREET LAW
2 For a conviction to occur in a criminal case, two requirements must be met The prosecutor must establish beyond a reasonable doubt that the defendant committed the act in questionand that the defendant committed the act with the required intent
3 The defendant does not have to present a defense He or she can simply force the government (the prosecutor) to prove its caseHowever, several defenses are available to defendants in criminal casesFor example, sometimes a criminal act may be considered excusable or justifiableDefenses in this category include self-defense, defense of property, & defense of others
4 O.J. Simpson CaseOne of the most publicized criminal cases in recent years was the murder trial of former football star O.J. Simpson, in which he claimed he wasn’t guilty in the killings of his ex-wife & her friendBy focusing the defense on improper police behavior & investigation techniques, his legal team convinced a jury there was reasonable doubt as to his guilt
5 He was found not guilty on all counts In a civil case for wrongful death brought by the surviving family members, a jury found that a preponderance of the evidence went against SimpsonHe was found liable & ordered to pay compensatory & punitive damages to the families of the two victims
6 The idea behind the two different standards is that the penalty in criminal cases is much more seriouscriminal record,imprisonment, &possible death sentenceCriminal penalties involve infringement on an individual’s liberty (and possibly life) in contrast to the lesser penalty in civil cases, which is usually only monetary damages
8 Alibi evidence that the defendant was elsewhere at the time of the crime Defense of Others Right to use reasonable force to defend other people
9 Defense of Property Right to use reasonable force to defend property Duress Acting as a result of coercion or a threat of immediate danger to life or personal safety
10 Elements of the crime were not all present One of the required elements (identified in the RCW’s) of the crime is missingEntrapment Evidence that defendant would not have committed the crime if not for the inducement of a police officer
11 Infancy Children under certain ages are incapable of committing a crime Intoxication being under the influence of drugs or alcohol to the extent that the defendant could not form the specific intent to commit the crime; applicable only in specific intent crimes
12 Insanity Due to a mental illness or defect, defendants did not know what they were doing or did not know the difference between right and wrong. In other states, defendants lacked substantial capacity to appreciate the nature of the crime or to confirm their conduct to the requirements of the law
13 Lack of Criminal Intent Guilty mind required for the crime is missing Mistake in Identity Defendant was incorrectly identified as the perpetrator
14 Necessity The defendant is compelled to react to an unavoidable situation in order to protect life Self-Defense Reasonable amount of force to protect oneself
15 DEFENSE CATEGORIES: No crime has been committed Defendant did not commit the crimeDefendant committed a criminal act, but the act was excusable or justifiableDefendant committed a criminal act but is not criminally responsible for his or her actionsFill out bottom of Basic Concepts Handout
16 No Crime Has Been Committed The defendant may decide to try to prove that(1) no crime was committed, or(2) there was no criminal intent because the act was simply committed by mistakeAnswers: #5 – Elements of the crime were not all present #10 – Lack of criminal intent
17 Defendant Did Not Commit the Crime When there is confusion or doubt about who committed a crime, the defendant may try to prove that there has been a case of mistaken identity & that he or she was not the person responsible for the crimeToday, DNA testing can sometimes be used to prove whether or not the defendant was responsibleIn recent years, some people convicted of crimes have been able to prove their innocence because of this testingAnswers: #1 – Alibi #11 – Mistake in identity
18 Defendant Committed a Criminal Act, but the Act Was Excusable or Justifiable Sometimes a criminal act may be considered excusable or justifiableThis type of defense includes (13) self-defense & defense of (3) property & (2) othersThe law allows people to use deadly force when their own or someone else's life is in dangerThe law also permits people to use reasonable force to protect themselves, their property, & others from harm
19 Bernhard Goetz—Self-Defense One famous case of self-defense involved a man named Bernhard Goetz, who shot four teens in what he claimed was self-defense while riding on a New York City subway trainGoetz had been mugged & robbed of electronic equipment on a subway train a few years earlierHe feared it would happen again, especially in his neighborhood, which was frequented by drug addicts & other criminals
20 Therefore, Goetz applied for a license to carry a gun to protect himself He was denied permission but obtained a gun anywayOne day he was surrounded in a subway car by four youths who first asked him for “the time,” then “a match,” & then “five dollars to play video games”
21 Goetz replied, “I’ll give you each five dollars,” & pulled a Goetz replied, “I’ll give you each five dollars,” & pulled a .38 revolver from his pocket & shot all four youthsEvidence showed that he shot one in the back as he lay on the floorGoetz ran from the train & escaped but was later arrestedAll four youths were seriously hurt & one was permanently paralyzed
22 Three carried sharpened screwdrivers in their pockets at the time of the shooting that they may have used to pry open video game machines to obtain quarters
23 If Goetz were tried for assault, what would he have to establish to prove self-defense?
24 Based on the facts, do you believe this was a case of self-defense?
25 Should the teenagers be charged? If so, with what crime?
26 Should citizens be allowed to carry guns & use them in self-defense?
27 Was Goetz guilty of a crime? If so, what crime?If convicted, what penalties, if any, do you think he should face?
28 Goetz was eventually acquitted for attempted murder & assault He was found guilty of illegal possession of a deadly weapon & reckless endangerment, & spent time in prison
29 Defendant Committed a Criminal Act but Is Not Criminally Responsible for His or Her Actions In this type of defense, the defendant acknowledges that he or she committed the act but argues that there are reasons the law should not consider the defendant criminally responsibleThe law recognizes several reasons that may excuse a defendant from criminal responsibilityThese defenses include (7) infancy, (8) intoxication, (9) insanity, (6) entrapment, (4) duress, & (12) necessity
30 Infancy DefenseThe idea behind the infancy defense is similar to the insanity defense: People should not be convicted or punished if they do not know right from wrongIf a three-year old child plays with matches, starts a fire, & the house burns down, is it arson?What if the child were eight years old?Eleven years old?Sixteen years old?Would your answers differ if kids of the same age were fighting & one shot the other?
31 IntoxicationDefendants claim that at the time of the crime they were so drunk or high on drugs that they did not know what they were doingVoluntary intoxication is not a defense to a crimeHowever, it may be a valid defense if the crime requires proof of a specific mental state
32 Example: Grady is charged with assault with intent to kill He claims he was drunkIf he can prove that he was so drunk that he could not have formed the intent to kill, his intoxication might be a valid defenseGrady can still be convicted of the crime of assault, because specific intent is not required to prove that crimeHowever, if Grady had decided to kill the victim before he got drunk or if he got drunk to get up enough nerve to commit the crime, the intoxication would not be a defenseThis is because the required mental state (the intent to kill) existed before the drunkenness
33 Insanity DefenseThe basic concept is that people who have a mental disease or disorder should not be convicted if they do not know what they are doing or if they do not know the difference between right & wrongThere is a difference between not guilty by reason of insanity (used by most states & the federal government) & not competent to stand trial that exists in some states
34 The accused’s mental state can be an issue in determining whether The defendant is competent to stand trialThe defendant was sane at the time of the criminal act, &The defendant is sane after the trialThe insanity defense applies only if the accused was insane at the time of the crime
35 How & when may a state determine that person found not guilty by reason of insanity should reenter society?Who should make that decision?