Upload
others
View
3
Download
0
Embed Size (px)
Citation preview
DEFENSES
Chapter 11
DEFENDANT COMMITTED A CRIMINAL ACT, BUT
THE ACT WAS EXCUSABLE OR JUSTIFIABLE
Self Defense, defense of property, and defense
to others.
Law recognizes the right of a person who is
unlawfully attacked to use reasonable force in
self defense.
A person cannot use more force than appears
to be necessary.
STOPPING THE ATTACKER BUT CONTINUING TO
USE FORCE
If the defender continues to use force after
stopping the attacker the roles reverse.
MAKE MY DAY LAWS
Gives the person the right to use deadly force
to defend their property against unwarranted
intrusion.
This protects the occupant using the force
against both criminal and civil suits for
damages filed by the intruder.
https://www.youtube.com/watch?v=3ishbTw
Xf1g
https://www.youtube.com/results?search_qu
ery=make+my+day+laws
PROBLEM 11.1
Open up your books – read the problem and
discuss
PROBLEM 11.1
A.) She cannot legally claim that she acted in
self-defense. When she fired the gun the
intruder was already fleeing. In most cases
deadly force cannot be used to protect property
it can only be used when an individual
reasonably fears imminent death.
11.1
B.) Yes he was charged with manslaughter,
pleaded self defense and was acquitted.
C.) It could justify the use of deadly force
because in each situation personal property
was threatened by an unwarranted invasion.
D.) The owner can use reasonable non deadly
force to protect property.
DEFENDANT COMMITTED CRIMINAL ACT BUT IS
NOT CRIMINALLY RESPONSIBLE
Infancy
Intoxication
Insanity
Entrapment
Duress
Necessity
INFANCY
Legal defense of a person considered not yet
legally responsible for his or her actions; the
time before which a person becomes entitled to
the legal rights and responsibilities normally
held by citizens.
EXAMPLE
A 12 year old boy was tried as an adult for the
death of a 6 year old girl that resulted from the
boy using a wrestling move on her he saw on
television.
He received a mandatory life sentence.
INTOXICATION
Claim at the time of the crime, they were so
drunk on alcohol or high on drugs that they did
not know what they were doing.
As a general rule voluntary intoxication is not a
defense to a crime.
It may sometimes be a valid defense if the
crime requires a proof of a specific mental
state.
EXAMPLE
Grady is charged with assault with intent to kill.
He claims he was drunk. If he can prove that
he was so drunk that he could not have formed
the intent to kill his intoxication may be a valid
defense.
INSANITY
The basic idea 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 the difference between right
and wrong
WHEN IS THE MENTAL STATE AND ISSUE?
1.) The defendant is competent to stand trial.
2.) The defendant was sane at the time of the
criminal act.
3.) The defendant is sane after the trial
The insanity defense applies only if the
accused was insane at the time of the crime.
THREE POSSIBLE VERDICTS
Guilty
Innocent
Not guilty by reason of insanity
HOW IS INSANITY PROVEN?
The defense must produce evidence of a
mental disease or disorder.
Psychiatrists usually give testimony in these
cases.
The decision as to whether insanity is valid
rests with whoever is deciding on the case
judge or jury.
ENTRAPMENT
Defense applies when the defendant admits committing a criminal act but claims that he or she was induced or persuaded to commit the crime by a law enforcement officer.
There is no entrapment when a police officer merely provides the defendant with an opportunity to commit a crime.
Rather, it must be shown that the defendant would not have committed the crime but for the inducement of the police officer.
https://www.youtube.com/watch?v=hAW3Ey
PDhGw
WHEN CAN IT NOT BE USED?
It cannot be used as a defense to crimes
involving serious physical injury, such as rape
or murder.
PROBLEM 11.3
A.) This may or may not be considered
entrapment there are not enough facts
provided. Was Edward out on the street looking
for a prostitute or was he lured into committing
a crime he had otherwise not intended to
commit.
11.3
B.) Not entrapment. Jan made the offer the
police simply provided the opportunity for the
sale. A key issue in entrapment cases is
whether or not the defendant was predisposed
to commit the crime. If so, the entrapment
defense will not be successful.
11.3
C.) This is likely entrapment is Sammy can
prove that he would not have entered the illegal
gambling ring without the constant pressure
from the police officer. If Sammy has no history
of gambling and therefore is nor predisposed to
involving himself in this illegal activity, a jury
might believe that the officer took advantage of
Sammy’s recent unemployment and enticed
him into committing the crime.
DURESS
Someone does something as a result of
coercion or a threat of immediate danger to life
or personal safety.
Under duress an individual lacks the ability to
exercise free will.
https://www.youtube.com/watch?v=Qr11VA1
tQZM
EXAMPLE
Someone points a gun at your head and
demands that you steal money or be killed.
You steal the money.
Duress is not a defense against homicide.
NECESSITY
https://www.youtube.com/watch?v=P_IMhJSTC
O0
A crime that is committed as a result of
“necessity” may not qualify as a crime