1. The defendant is not required to present a defense, but can simply force the government to prove their case. For a conviction to occur, the prosecutor must establish that a defendant committed a crime beyond a reasonable doubt. Possible defenses:

2.  Defendant presents evidence that no crime has been committed Example: no carnal knowledge because the woman was of age when she consented to sex  no criminal intent was involved Example: a woman picks up a handbag from the table that looks exactly like hers without knowledge that it wasn’t hers

3.  Mistaken identity  Defendant has an alibi  DNA evidence

4.  Self-defense/ defense of others- reasonable force was used against an unlawful attack -can not use more force than appears to be necessary to defend self or others -if after stocking an attacker, the defender continues to use force the roles reverse and the defender can no longer claim self defense -deadly force can only be used if the defender believes that there is an imminent danger of death or serious bodily harm

5. -in defense of other can be used if the other can claim self-defense  Defense of property -only non deadly force may be used -Make my day laws enacted by some states allows persons the right to use deadly force to defend their property against unwarranted intrusion

6. Lack of criminal responsibility even though they acknowledge that he or she committed the act

7.  Infancy -children of a young age, 7 in most states, are legally incapable of committing a crime -children between the ages of 7 and 14 are generally presumed incapable of committing a crime, but could be shown to be a wrong presumption -some states do not try children, simply turn them over to the juvenile courts -some states allow prosecutors to decide whether or not to try a child as an adult

8.  So drunk on alcohol or high on drugs that they did not know what they were doing  Typically, voluntary intoxication is not a defense to a crime unless the crime requires proof of a mental state

9.  Developed from the Greeks, Romans, and English courts  Modern standard grew from an attempted murder case of a British Prime Minister in 1843 -people who have a mental disease or disorder should not be convicted if they do not know what they or doing or the difference between right and wrong  Used by about 50% of states and the federal government

10.  Other 50% must acquit if they lack substantial capacity to appreciate the nature of the act or to conform their conduct to the requirements of the law  Mental state can be an issue in determining whether 1. defendant is competent to stand trial 2. the defendant was sane at the time of the crime, and 3. the defendant is sane at trial  Insanity defense only applies is insane at time of crime  Insanity only at time of trial only delays trial -does not affect criminal liability

11.  Insanity defense usually means the person will be automatically committed to a mental institution  About 1/3 of states have a fourth verdict: guilty, not guilty, guilty by reason of insanity, guilty but mentally ill -persons found guilty by the 4 th verdict would send them to a hospital and later transferred to a prison when they are found sane -abolished by the states of Montana, Idaho, and Utah -used in about 1% of criminal cases and is seldom successful

12.  Defendant admits to committing the crime but claims that law enforcement persuaded them to do so  Does not apply to the officer only providing the opportunity to commit the crime  Defense must show that the defendant would not have committed the crime but for the inducement of the officer  Difficult to prove

13.  When the defendant does something as a result of coercion or threat of immediate danger  Person cannot exercise free will  Not a defense to homicide

14.  Compelled to react to a situation that is unavoidable in order to protect life  Not a defense to homicide