The

nuh uh Defense I didnt do it

Alibi

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 1800s (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 (doesnt affect liablity)

Four Possible Verdicts:

1. 2. 3.

Guilty Not guilty Not guilty by reason of insanity

Automatic commitment to a mental institution

---------OR----------

Judge determines commitment

4.

Guilty but mentally ill

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:

1% of criminal cases 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 Cant use MORE force than necessary
After stopping the attack cant 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: didnt 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 werent for the officers 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?

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)