1. Obj: Understand the role of defenses in criminal law

2. To be found guilty of a crime the prosecution must prove Beyond a Reasonable Doubt that the defendant committed the crime. To be found guilty of a crime the prosecution must prove Beyond a Reasonable Doubt that the defendant committed the crime. Prosecutor must prove all elements of the crime and the state of mind. Prosecutor must prove all elements of the crime and the state of mind.

3. In these circumstances the defendant creates reasonable doubt. In these circumstances the defendant creates reasonable doubt.

4. No crime has been committed, plain and simple No crime has been committed, plain and simple Ex: A woman may carry a gun, but she has a permit Ex: A woman may carry a gun, but she has a permit A woman takes a purse that is identical to hers, but it turns out not to be. If it was an honest & reasonable mistake and she returned it. A woman takes a purse that is identical to hers, but it turns out not to be. If it was an honest & reasonable mistake and she returned it.

5. Defense can prove he didn’t commit a crime by presenting an Alibi- defendant was somewhere else when crime occurred. Defense can prove he didn’t commit a crime by presenting an Alibi- defendant was somewhere else when crime occurred. Ex I couldn’t have robbed the store because I was at work and my students can prove it. Ex I couldn’t have robbed the store because I was at work and my students can prove it. DNA can also prove innocents (finger prints, hair, saliva DNA can also prove innocents (finger prints, hair, saliva

6. Defendant committed the criminal act but should not be found guilty. Defendant committed the criminal act but should not be found guilty. Excusable or Justifiable Excusable or Justifiable

7. Excuse Defenses : These defenses apply when the actor lacks the requisite mental condition to form intent. There are four excuse defenses.

8. Infancy - Youthful offenders cannot understand the consequences of their actions. Infancy - Youthful offenders cannot understand the consequences of their actions. Usually age 7 -14 but some states may have other laws. Also depends on the Malice Usually age 7 -14 but some states may have other laws. Also depends on the Malice

9. Insanity- A person cannot have the state of mind to commit the crime if s/he didn’t know the act was wrong, or didn’t understand the quality of the act. Insanity- A person cannot have the state of mind to commit the crime if s/he didn’t know the act was wrong, or didn’t understand the quality of the act. Only applies if insane at the time of the crime Only applies if insane at the time of the crime

10. Insanity is determined by: M’Naughten Rule M’Naughten Rule A person is insane if they can’t distinguish right from wrong A person is insane if they can’t distinguish right from wrong ALI/MPC Test ALI/MPC Test Also known as the substantial capacity test, the defendant must lack the capacity to appreciate the wrongfulness of his/her conduct. Also known as the substantial capacity test, the defendant must lack the capacity to appreciate the wrongfulness of his/her conduct. Irresistible Impulse Test Irresistible Impulse Test A person is insane if some “irresistible impulse” resulting from a mental deficiency drove him or her to commit the crime A person is insane if some “irresistible impulse” resulting from a mental deficiency drove him or her to commit the crime

12. Intoxication Intoxication Voluntary and Involuntary Voluntary and Involuntary Mistake Mistake Mistake of Fact Mistake of Fact Mistake of Law Mistake of Law

13. Duress Duress The defendant is threatened with seriously bodily harm, which induces him/her to commit the crime. The defendant is threatened with seriously bodily harm, which induces him/her to commit the crime. If some one has a gun to your head and demands you rob the bank If some one has a gun to your head and demands you rob the bank Self-Defense Self-Defense The defendant must protect him/herself from injury by another. The defendant must protect him/herself from injury by another. Cannot use more force than appears necessary Cannot use more force than appears necessary Duty to retreat. Duty to retreat. “Make My Day Laws”- Allows you to use deadly force “Make My Day Laws”- Allows you to use deadly force

14. Facts: Facts: Goetz shot 4 teens while riding a NYC subway. He claims self defense for the crimes of attempted murder and assault. Goetz shot 4 teens while riding a NYC subway. He claims self defense for the crimes of attempted murder and assault. Goetz was robbed on a train a few yrs ago. He feared it would happen again, esp in his hood which is plagued by drug addicts and criminals. Goetz was robbed on a train a few yrs ago. He feared it would happen again, esp in his hood which is plagued by drug addicts and criminals. He applied for a gun license but was denied. He bought & carried a gun anyway He applied for a gun license but was denied. He bought & carried a gun anyway

15. One day on the train Goetz was surrounded by 4 teens. They asked him first “for the time,” then “a match” and then “$5 to play video games.” One day on the train Goetz was surrounded by 4 teens. They asked him first “for the time,” then “a match” and then “$5 to play video games.” Goetz replied with “I’ll give you each $5.” Then pulled the gun out of his pocket and shot all 4 teens. Goetz replied with “I’ll give you each $5.” Then pulled the gun out of his pocket and shot all 4 teens. Evidence shows that he shot 1 teen in the back as he lay on the floor. Goetz ran from the train and was later arrested. Evidence shows that he shot 1 teen in the back as he lay on the floor. Goetz ran from the train and was later arrested.

16. All 4 teens were seriously hurt & 1 was paralyzed. All 4 teens were seriously hurt & 1 was paralyzed. 3 of the teens carried sharpened screwdrivers in their pockets at the time of the shooting. They claimed they were for prying open video game machines to steal quarters. 3 of the teens carried sharpened screwdrivers in their pockets at the time of the shooting. They claimed they were for prying open video game machines to steal quarters.

17. Prosecutors argue that Goetz cannot use self defense Prosecutors argue that Goetz cannot use self defense The defense argues that Goetz actions were justified as self defense. The defense argues that Goetz actions were justified as self defense. Count off by 3’s. 1’s = prosecution; 2’s = defense; 3’s = judge Count off by 3’s. 1’s = prosecution; 2’s = defense; 3’s = judge

18. Prosecution: Make a list of reasons why Goetz should go to jail Prosecution: Make a list of reasons why Goetz should go to jail Defense: Make a list of why Goetz should be found not guilty Defense: Make a list of why Goetz should be found not guilty Judge: Make list of questions to ask each side Judge: Make list of questions to ask each side Prosecution goes first then defense. Judge can interrupt at any time to ask questions Prosecution goes first then defense. Judge can interrupt at any time to ask questions

19. Goetz was fount not guilty of attempted murder and assault, but guilty of illegal possession of a gun and reckless endangerment and spent time in jail. Goetz was fount not guilty of attempted murder and assault, but guilty of illegal possession of a gun and reckless endangerment and spent time in jail.

20. Do not have to retreat nor announce use of deadly force Do not have to retreat nor announce use of deadly force OR does not recognize this defense but WA does. OR does not recognize this defense but WA does. What do you think of Make My Day laws? What do you think of Make My Day laws?

21. Necessity Necessity Circumstances required the defendant to commit the act. Circumstances required the defendant to commit the act. Entrapment Entrapment The defendant claims (s)he was induced by police to commit the act. The defendant claims (s)he was induced by police to commit the act.