Chapter 11 Case Applications

Taylor, who is six years old, took her father’s loaded gun and killed her

three-year-old brother.

1. What defense, if any, can Taylor's attorney use to defend her in court?

2. Will Taylor's defense be successful? Give your reasons.

Answer explanation

Infancy. She will likely succeed

because the minimum legal age for criminal

responsibility, as determined by state law, is

usually seven or eight.

Mark got drunk to work up the courage to shoot his ex-wife. He shoots her but

does not kill her.

1. What defense, if any, does Mark have to a charge of assault with intent to kill?

2. Will Mark be successful? Give your reasons.

Answer explanation

Intoxication. Mark will not be successful

because intoxication cannot be used if the person intentionally drank alcohol to get up the

courage to commit the crime.

At the time that Brandon killed his mother, he was having a psychotic episode and believed his mother was a lion trying to kill him.

1. What defense, if any, does Brandon have to a charge of murder?

2. Will he be successful? Give your reasons.

Answer explanation

Insanity. Brandon will likely be successful, as he is suffering from a mental disorder

and cannot tell right from wrong.

After Trey's arrest for robbery, his mental condition went from functioning to

non-functioning. He cannot help his lawyer defend him because he is no

longer mentally competent.

1. What defense, if any, does Trey have to the charge of robbery?

2. Will he be successful? Give your reasons.

Answer explanation

Insanity. Trey will not be successful in using the insanity defense, because his

mental abilities at the time of the crime were not affected. However, because he is now

incompetent to help in his own defense, his trial will not go forward until his competency

is restored.

Mason used to be a drug addict but has been clean for six months. An under-

cover police officer approaches him and pressures him to find drugs for the

officer to buy. Mason refuses several requests before finally giving in to the

intense pressure. He gets some crack cocaine for the officer.

1. What defense, if any, does Mason have against the charge of illegal drug sales?

2. Will he be successful? Give your reasons.

Answer explanation

Entrapment. Mason will likely be successful, because it appears that he would not

have sold the drugs except for the pressure from the undercover officer.

One gang threatened Eric that they would kill his mother if he did not join

their gang. To join their gang, he was required to steal liquor from the liquor

store. He steals the liquor and is caught.

1. What defense, if any, does Eric have against the charge of theft?

2. Will he be successful? Give your reasons.

Answer explanation

Duress. Eric will likely be successful, since there was a realistic threat of harm

to his mother.

A wildfire burns across a 50-mile area. To escape the fire, Stefan and Jane

cross Trent’s land, even though it is posted with no trespassing signs.

1. What defense, if any, do Stefan and Jane have to the

charge of criminal trespass?

2. Will they be successful? Give your reasons.

Answer explanation

Necessity. Stefan and Jane will

likely be successful, because one is allowed to

break a law to save life or prevent injury.

Rosita, who hates dogs, drove down the street at the posted speed limit.

A neighbor’s dog ran out in front of her, and Rosita could not stop.

She killed the dog.

1. What defense, if any, does Rosita have to the charge of animal cruelty?

2. Will she be successful? Give your reasons.

Answer explanation

No crime committed. Rosita can show this was an unavoidable accident and that no crime was committed.

The police arrest Teresa, who fits the description of a car thief. Teresa’s mother

states that Teresa was home all night with her.

1. What defense, if any, does Teresa have against the charge of theft?

2. Will she be successful? Give your reasons.

Answer explanation

Alibi. Depending upon the evidence that the police have to prove that Teresa was

the thief, she may or may not be successful

with her alibi.

Jay and Mike have had conflicts for years. One day Mike attacks Jay for no

reason. Jay strikes back and stops Mike from attacking. Jay continues to

punch Mike several more times before he stops.

1. What defense, if any, does Jay have to the charge of assault?

2. Will he be successful? Give your reasons.

Answer explanation

Self-defense. Jay will not be successful because he exceeded the amount of

force needed when he continued to punch

Mike after subduing him.