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

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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

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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

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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

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A crime that is committed as a result of

“necessity” may not qualify as a crime