Date post: | 03-Jan-2016 |
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DefensesDefenses
4 main types of 4 main types of DefensesDefenses
1. No Crime has been 1. No Crime has been committedcommitted
Defense alleges that the act itself Defense alleges that the act itself was not criminal or that there was no was not criminal or that there was no criminal intentcriminal intent
2. The defendant did not 2. The defendant did not commit the crimecommit the crime
Mistaken Mistaken identityidentity (SODDI)(SODDI)
AlibiAlibi The The
Innocence Innocence ProjectProject
3. Defendant committed a 3. Defendant committed a crime but it was justifiedcrime but it was justified
Self defenseSelf defense Deadly force – person reasonably Deadly force – person reasonably
believes there is imminent danger of believes there is imminent danger of death or bodily harm (See Bernard death or bodily harm (See Bernard Goetz)Goetz)
4. Defendant committed the 4. Defendant committed the crime but is not criminally crime but is not criminally
responsibleresponsible Infancy – how young is too young?Infancy – how young is too young? youngestyoungest
IntoxicationIntoxication
Voluntary or involuntaryVoluntary or involuntary
InsanityInsanity
Insanity defenseInsanity defense
seldom usedseldom used VERY seldom successfulVERY seldom successful
Substantial capacitySubstantial capacity Competent to stand trial?Competent to stand trial? Sane at the time of the act?Sane at the time of the act? Sane after the act?Sane after the act?
EntrapmentEntrapment
Induced or persuaded by a law Induced or persuaded by a law enforcement officerenforcement officer
DuressDuress
Coercion, lack of free willCoercion, lack of free will
NecessityNecessity
Unavoidable, necessary to protect Unavoidable, necessary to protect lifelife