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| Notes: Defenses |
| For a conviction to occur in a criminal case, the prosecutor must establish beyond a reasonable doubt that the defendent committed the act in question with the required intent. Possible Defenses: 1) No crime has been committed. defendent presents evidence to show either a) that no crime was committed or b) that there was no criminal intent. 2) Defendent did not commit the crime. the question here is not whether or not a crime was committed but instead who committed it. Defendent presents an alibi. 3) Defendent committed a criminal act, but the act was excusable or justified. Defenses in this category include self-defense and defense of property and others. Always a question of reasonable force. 4) Defendent committed a criminal act but is not criminally responsible for his or her actions. i. Infancy- children under a specific age are presumed incapable of committing a crime. Do not get tried for their crimes. ii. Intoxication- at the time of the crime defendent was too drunk(high) to know what they were doing. Only valid if crime requires a proof of a specific mental state. iii. Insanity- for half of the states and the federal government it means people should not be convicted if they don't know what they are doing or if they don't know the difference between right and wrong. For other states persons must be acquitted if they lack the "substantial capacity to appreciate the nature of their conduct. -mental state can be used to determine (1) if the defendent is competent to stand trial, (2) if the defendent was sane at the time of the criminal act, and (3) if the defendent is sane after the trial. -three possible verdicts: guilty, innocent, or not guilty be reason of insanity. iv. Entrapment- defendent admits committing a crime but claims he/she was persuaded by a law enforcement officer. There is no entrapment when an officer merely provides the defendent with an opportunity. v. Duress- can be used when a person does something as a result of coercion or threat of danger. Person lacks the ability to exercise free will. vi. Necessity- when a person is compelled to react to a situation that is unavoidable in order to protect life. |
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