Defenses Against
Criminal Charges
Criminal Law
& Procedure
Mike Brigner
1
Resources
Text Chapter 7
See Defenses Chart, pp. 256-258
2
Constitutional Defenses
1st Amendment: religion, speech, assembly
4th Amendment: search & seizure
5th Amendment: due process, double jeopardy,
no self incrimination
3
Constitutional Defenses
6th Amendment: speedy & public trial, confront
witnesses, counsel, subpoena witnesses
Right to counsel is rationale for “Miranda Rights”
(Miranda v. Arizona, 384 U.S. 436 (1996))
7th Amendment: right to jury trial
8th Amendment: bail & punishment
4
Missing Elements
 Reasonable doubt as to
any element of the
charge
 Missing ACT
Act was involuntary
Missing body
Alibi - SODDI defense - “I
wasn’t even there - my
Mom will tell you that”
 Missing MENTAL INTENT
Diminished Capacity
Consent
Mistake of Fact
NOT Mistake of Law
5
Justification Defenses
“I did it, but” =
justification
 Self-defense (but may
be duty to retreat)
 Defense of others
 Battered women’s
syndrome
 Defense of property
 Public duty
6
Justification: Public Duty
Society restricting use
of deadly force to
arrest suspects
Danger to bystanders
Balance likely harms
Society restricting
high-speed chases to
apprehend offenders
7
Excuse defenses
 Affirmative defense: “I
did it but I’m not
responsible”
 Duress
 Necessity
 Entrapment (by gov’t
inducement) BUT: Was
defendant already
involved in the crime?
 Burden of proof: On the
defendant
8
Excuse defenses
 Insanity: R.C. 2901.01 (A)(14)
and 2901.05 - Mental
disease/defect prevented
accused from knowing conduct
wrong at the time of the
conduct
 Burden of proof: On Defendant
in Ohio, & standard is
preponderance of evidence
 Competence to stand trial is
separate issue. Not a defense,
but mental state at the time of
trial
9
Defenses Against
Criminal Charges
Concluded
Thank you
10