Chapter 11: Defenses

Chapter 11: Defenses

Objective ​

Students will get a better understanding of the 4th possible defense in a criminal case:​

"The Defendant Committed the Crime But Is Not Criminally Responsible for His/Her Actions​."

Why Do I Need To Know This?​

​1. Because there are times when you may have to do things that are illegal and you have a good reason for doing them, so you will want to know whether or not you will go to jail for your actions.

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2. Because making a proper defense argument requires that you know and understand the limits to the argument.

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3. Because you may need to work with a criminal defense attorney and will want to be able to assist in your defense.​

Reasons why a person would not be held criminally responsible for his/her acts are:

1. Infancy

2. Intoxication

3. Insanity/Incompetency

4. Entrapment

5.Duress

6.Necessity

Infancy

There is a legal presumption that children under the age of 7 cannot form the intent to commit a crime. That is they do not sufficiently know the difference between right and wrong.

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There is a general rule that children between age 7 and 14 also generally cannot form the intent to commit a crime, but this can be rebutted by the prosecutor.

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Children over age 14 are held responsible for their crimes and can be punished. If their crimes are heinous enough, they can even be tried as adults.

Multiple Choice

Can children 14 years and older be tried as adults?

• Yes

• No

Infancy

Juveniles are given many protections under the law, and cannot be sentenced past their 25th birthday.

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–Juveniles go to separate courts that are not as formal as traditional courts.

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–At age 18, a juvenile’s record will be sealed by the court.​​

intoxication

The defense of intoxication refers to a person who is so drunk or under the influence of a substance that s/he did not know what s/he was doing at the time of the crime.

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There are 2 types of intoxication defenses.

They are:

1.Voluntary Intoxication- When a chooses person gets intoxicated.

2.Involuntary Intoxication​- When a person gets intoxicated unknowingly.

Poll

Grady is charged with assault with intent to kill. He claimed he was drunk, but he's been seeking to get revenge on the person. Can Grady use intoxication as a defense?

• Yes

• No

Insanity

Insanity defense has evolved as an important concept.

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People who have a mental disease or disorder should not be convicted if they do not know what they are doing or if they do not know the difference between right and wrong.

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The insanity defense applies only if the accussed was insane at the time of the crime.​

Entrapment

​Applies when the defendant admits to committing a criminal act but claims that he or she was induced, or persuaded, by a law enforcement officer to commit the crime.

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Entrapment is difficult to prove ​and cannot be claimed as a defense to crimes involving serious physical injury such as rape or murder.

Duress

Under duress, the person lacks the ability to exercise free will.

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Example: Someone points a gun to your head and demands that you steal the money or be killed, and you still the money. Duress would be a great defense in this case if you was being convicted for theft.​

Necessity

An individual acts under necessity when he or she is compelled to react in a situation that is unavoidable in order to protect life.

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​Example: A group of people is left adrift in a lifeboat so heavy with cargo that it is in danger of sinking. The group throws the cargo overboard to make the lifeboat lighter and manageable. In this case, necessity would be a good defense to a destruction of property charge.

• Necessity is not a defense to homicide. ​