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Criminal Defenses

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Title: Criminal Defenses


1
Criminal Defenses
  • How do I get out of this?

2
The Presumption of Innocence
  • The Fifth Amendment to the U.S. Constitution
    guarantees that all citizens have the right to be
    innocent until proven guilty
  • This means that the state (prosecutor) has the
    burden of proof in a criminal court.
  •  
  • The defense is not required to present evidence
    on its own behalf
  •  
  • If the defense attorney feels like the state has
    not provided sufficient evidence to prove guilt
  •  
  • If the state cant prove guilt, the defendant is
    free

3
Reasonable Doubt
  • The state must prove the defendant is guilty
    Beyond a Reasonable Doubt
  •  
  • The judge or jury cannot have any question as to
    the facts the state has presented in alleging the
    defendant committed the crime
  •  
  • If there is any doubt, then the jury must find in
    favor of the accused
  •  
  • The most common defense in criminal trials is
    that there was a reasonable doubt

4
  • An alibi is a credible source of evidence that a
  • person accused of a crime was in fact in another
  • place, and not at the scene at the time a crime
  • was committed

5
Self-Defense
  • This defense is most common in a case where a
    person is
  • accused of a violent crime such as battery,
    aggravated
  • assault, or even murder
  •  
  • The defendant doesnt deny doing the act, but
    claims they
  • were simply responding to the other persons
    aggressive
  • and threatening actions.
  •  
  • Things to consider in this type of situation are
  • Who was the primary aggressor?
  • Was the defendants claim that it was necessary
    to use force a reasonable claim?
  • Was the force actually used reasonable based on
    the situation?

6
Self-Defense
  • There is a long-standing belief that a person
    should be
  • allowed to defend themselves from an attack
  •  
  • It goes further to say that a person should not
    have to
  • wait until they have been hit, before they use
    force to
  • prevent the attack.
  •  
  • It is understood that the amount of force they
    use in
  • defending themselves must not be unreasonable
  • however

7
The Insanity Defense
  • This defense is based on the presumption that
  • people are of sound mind and capable of knowing
  • what they are doing is right or wrong.
  •  
  • Popular definitions of insanity are
  • The McNaghten Rule The inability to distinguish
    right from wrong
  • Irresistible Impulse The person knows what they
    are doing is wrong, but due to mental illness
    they are unable to control their behavior

8
The Insanity Defense
  • When someone notifies the court they plan to
  • seek an insanity defense, they must
  • Submit to psychological tests
  • Psychiatrists will review
  • Defendants personal background
  • Facts of the case
  •  
  • Insanity defense is extremely rare

9
The Insanity Defense
  • Famous cases include
  • Andrea Yates
  • Mother of five in Houston, Texas
  • Drowned her children June 20, 2001
  • Found guilty of capital murder in 2002
  • Sentenced to life in prison
  • Overturned on appeal
  • July 26, 2006
  • Found Not Guilty by Reason of Insanity
  • Committed to the North Texas State Hospital

10
The Insanity Defense
  • Famous cases include
  • Susan Smith
  • Mother of two in South Carolina
  • Having an affair and lover didnt want kids
  • She drowned her two sons
  • October 25, 1994
  • Made up a carjacking story
  • Convicted of murder
  • July 22, 1995
  • Sentenced to 30 years to Life in Prison
  • Eligible for parole in 2025

11
The Insanity Defense
  • A person cannot be found guilty of a crime if
  • they did not have the mental capacity to
  • distinguish right and wrong
  • A person cannot be found guilty of a crime if,
    because
  • of mental disease, injury or congenital
    deficiency they acted because of a delusional
    compulsion

12
Involuntary intoxication
  • Voluntary intoxication is not a defense to
    criminal actions
  •  
  • Involuntary intoxication
  • A person cannot be found guilty of a crime if
    because of involuntary intoxication they did not
    have sufficient mental capacity to distinguish
    between right and wrong
  •  

13
Entrapment
  • When a government official persuades a person to
    commit a crime, then arrests the person
  •  
  • The idea or intent to commit a crime came from
    the government official
  •  
  • Crime would not have been committed without the
    actions of the government official
  •  
  • It may not be entrapment if the person was
    already inclined to commit the crime

14
Ignorance of the Law
Ignorance of the Law- I didnt know that was
illegal will only work with certain
obscure/vague laws that people might not know or
understand.
15
Mistake of Fact- Innocent mistake
16
DURESS
  • Duress- The Defendant was forced into doing
    something against their will
  •  
  • must show that they
  • were under an immediate threat of serious bodily
    harm or injury
  • had a well-grounded belief that the threat would
    be carried out.
  • Had no reasonable chance to escape or frustrate
    the threat

17
Necessity
-Necessity A defense that permits a person to
act in a criminal manner when an emergency
situation, not of the person's own creation
compels the person to act in a criminal manner to
avoid greater harm from occurring
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