¨  The

“nuh uh” Defense ¨  I didn’t do it
¡  Alibi

ú  Evidence that the defendant was

somewhere else

¡  DNA testing

¨ 

¨ 

Think back to when you were making the laws for your own fictional country. If you were still in charge what would be reasons people could commit a crime and have smaller sentence or none at all.
¡ 

On your own: brainstorm 3-4

¨ 

Yup, I did it BUT…
Self-Defense ¡  Infancy ¡  Intoxication ¡  Insanity ¡  Entrapment ¡  Duress ¡  Necessity
¡ 

¨  ¨ 

Defense began in the 14th Century Modern criteria comes from 1800’s (19th Century)
¡ 

A person should not be convicted if they lack “substantial capacity” to appreciate the nature of the act they commit.

¨ 

Mental State determines:
1.  Competent

to stand trial (if no may lead to a delay) 2.  Sane during the act (impacts the verdict directly) 3.  Sane after the trial (doesn’t affect liablity)

¨ 

Four Possible Verdicts:
1.  2.  3. 

Guilty Not guilty Not guilty by reason of insanity
ú  ú 

Automatic commitment to a mental institution
---------OR----------

Judge determines commitment

4. 

Guilty but mentally ill
ú 

Go to mental hospital until deemed well; then transferred to prison

¨ 

Defense must prove insanity
¡  ¡  ¡ 

Psychiatrist testimony is key Both sides normally have a psychiatrist These experts typically disagree

¨ 

¨ 

Montana, Idaho, and Utah have abolished the defense Americans tend to believe that this defense has been used successfully by many
¡ 

8 state study shows otherwise:
ú  1% of criminal cases ú  Successfully in 25% of these cases

¨ 

Should Mark Becker have been convicted of first degree murder?
¡  If

so why? ¡  If not what should they have done?
¨ 

Why do you think the jury made the decision they did? What other factors may have been involved.

¨ 

¨ 

¨ 

An unlawfully attacked person can use reasonable force A person can use reasonable force to help another person Can’t use MORE force than necessary
After stopping the attack can’t become the attacker ¡  Use of deadly force only if serious danger is imminent
¡ 

¨ 

The occupant(s) of the home:
¡ 

¡ 

¡ 

must reasonably believe that the intruder intends to inflict serious bodily harm or death upon an occupant of the home must not have provoked or instigated an intrusion, or provoked or instigated an intruder to threaten or use deadly force may be required to attempt to exit the house or otherwise retreat (this is called

¨ 

An Intruder must be:
¡ 

¡ 

making (or have made) an attempt to unlawfully and/or forcibly enter an occupied home, business or car. acting illegally

¨ 

¨ 

¨ 

Drunk or High: didn’t know what he or she was doing Voluntary –vsInvoluntary Most the time this defense does not work unless it is to fight intent

¨ 

Historically:
¡  ¡ 

0-7 Impossible to commit a crime 7-14 presumed unlikely Juveniles are handed to the Juvenile Court System

¨ 

Today:
¡ 

¨ 

¨ 

¨ 

Does something as a result of coercion (force) or a threat of immediate danger to life or personal safety Not a defense for homicide Example

¨ 

¨ 

Induced or persuaded by law enforcement to do the crime Selling to an officer is not entrapment
¡ 

Must be shown that the crime would not have been committed if it weren’t for the officer’s induce

¨  ¨ 

A person commits a crime in order to survive Does not work for homicide

1. 

Which party has the burden of asserting the elements of an affirmative defense?
ú 

2. 

What is the main difference between the defenses of duress and necessity? What are the two types of intoxication?

3. 

¨ 

What are the elements of self defense? (four – possibility of five correct answers)

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