Defenses to Criminal Prosecution
Course
Law
Enforcement I
Unit VI
Crime and
Punishment
Essential
Question
What are legal
reasons for an
accused person
to either avoid
criminal liability
or receive a
lesser
sentence?
TEKS
§130.293(c)
(7)(D)
Prior Student
Learning
Familiarization
with elements of
crimes and
actus reus &
mens rea.
Estimated Time
2 to 6 hours
Rationale
Upon completion of this assignment, the student will be able to
comprehend various criminal defenses against prosecution, as defined
within the Texas Penal Code and the Texas Code of Criminal Procedure.
This is an important element in the court system.
Objectives
The student will be able to:
1. Discuss the various types of prosecution.
2. List various defenses to prosecution.
3. Describe who can use these defenses.
4. Demonstrate the ability and knowledge of applying the information
to the actual applications of the law.
Engage
Use the following information for a class discussion. For almost every
imaginable crime there are an equal number of defenses available. These
help the accused either avoid prosecution or enter a plea that will facilitate
the introduction of a plea of nolo contendre, or plea for a crime with a
lesser penalty.
In many cases such defenses to prosecution are justifiable, such as in the
“battered woman syndrome.” Questions to consider: Did the woman use
just enough force to stop the assault or probable assault against her? Did
she have knowledge beforehand that would lead a normal, prudent person
to leave the situation entirely?
In other cases, such as those with a defendant with Post Traumatic Stress
Disorder (PTSD), the questions concerning a normal, prudent person are
difficult to apply because a combat veteran is not a normal, prudent
person. That is not to say that a veteran is not a normal person. It simply
means that a combat veteran has experienced events and horrors that
normal people will never experience in an entire lifetime. Also, the veteran
is trained to react in a certain physical manner towards certain situations,
during which a normal person would simply dial 911 for resolution.
Use the Discussion Rubric for assessment.
Key Points
I. Describe various types of prosecution
A. Violations
1. Types
2. Punishments
B. Misdemeanors
1. Types/Class
2. Punishments
1
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C. Felonies
1. Types/Degree
2. Punishments
II. Various criminal defenses and who are eligible to use each defense
A. Personal Defenses for Women
1. Battered Woman Syndrome
a) History of abuse
b) Fear of injury
c) Victim’s history of abusing
2. Pre-Menstrual Syndrome (PMS) defense
a) Similar to temporary insanity
b) Used in Europe, not in U.S. yet
B. Defenses for Veterans
1. Post Traumatic Stress Disorder (PTSD) defense
a) Based on
1) Traumatic combat experience
2) The relation of their combat experience to their
present actions
C. Juvenile/Age/Infancy
1. Juvenile is defined in the State of Texas as any child not older
than 16 years of age and not younger than 10 years of age.
2. A juvenile delinquent has either broken a penal code law or is
a child with conduct in need of supervision.
3. Cases are treated as civil offenses
4. Records are sealed when the child is 17 years of age, unless
the child’s criminal record continues up to and beyond the age
of 17.
5. A court order is required to open sealed records.
6. When a child is “Taken into Custody”
a) Transported, without delay, to a Juvenile Processing
Office
b) Taken before a Magistrate and given a Magistrate’s
warning
1) The child is advised of his or her rights.
2) The charges against him or her are explained.
a) Given an opportunity to give a written or oral statement to
law enforcement (if the child chooses to)
b) Fingerprinted and photographed (Both fingerprints and
photos are destroyed within one year of the date of the
offense, unless further criminal activity occurs)
c) Released to their parents or guardians, or turned over to
Juvenile Probation for further processing
D. Duress
1. Coerced to commit a crime
2. No criminal history
3. In fear of bodily injury
E. Entrapment
1. Law enforcement sets up an enticement
2. Offender does not have a record of similar offenses
2
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F. Irresistible Impulse
1. Lack of self control
2. Another action triggers the impulse
G. Public Duty Defense
1. Action in the line of duty
2. Action in the legal defense of another
H. Necessity Defense
1. Committed crime to avoid a greater evil
2. No other reasonable alternatives
I. Accidental Defense
1. Not a premeditated action
2. No desire to harm anyone
J. Self-Defense
1. Justifiable against unjustifiable force
2. Only necessary force was used
3. Force stopped when the other stopped his or her assault
K. The Durham Rule
1. Temporary insanity
2. A normal, prudent person may have responded in same way
L. The M’Naughten Rule
1. Incapable of discerning right from wrong
2. Mental capability, or the lack of, is proven in court
3. The jury agrees
Activity
Assign students one of the criminal defenses discussed. While working
independently, they will research that defense to determine the
elements/requirements needed to prove the defense. Work with students
on an individual basis to revise their research and establish the amount of
student, research time.
Upon completion of all research, place the students in teams, categorized
by criminal defense(s). The teams will create hypothetical situations of the
various criminal defenses, portraying their comprehension. Each team will
present their criminal defense to the rest of the class. Each presentation
will include the definition of their criminal defense, the elements required to
prove such a defense in court, and the team’s hypothetical situations. The
teams may choose their own methods to present to the class (Ex:
computer-based presentation, poster, handouts, etc.), but should act out
the situations. Establish the amount of time for the presentation. Use the
following rubrics as needed for assessment: Peer Evaluation Rubric,
Presentation Rubric, and the Role Play Rubric.
Assessments
Criminal Defenses Exam and Key
Peer Evaluation Rubric
Presentation Rubric
Role Play Rubric
Materials
3
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Criminal Defenses computer-based presentation
Computers with Internet access
Presentation materials or computer-based presentation software
Resources
Texas Code of Criminal Procedure and Texas State Penal Code
http://www.statutes.legis.state.tx.us/
PTSD in the Forensic Setting
http://dpa.state.ky.us/library/manuals/mental/Ch15.html
Supreme Court Case: The State Of Washington v. Joseph Henry Maish
http://www.mrsc.org/mc/courts/supreme/029wn2d/029wn2d0052.htm
Entrapment and Due Process
http://www.law.fsu.edu/journals/lawreview/frames/253/lordtxt.html
Do an Internet search for the following:
 essays.cc battered woman syndrome defense arn49
 review journal insanity defense: killer’s mental illness recedes
 defense witness calls death of cop's wife accidental
 tncrimlaw defense entrapment
Accommodations for Learning Differences
For reinforcement, the students will list specific criminal defenses and
explain who can claim such a defense, and under what circumstances.
Use the Individual Work Rubric for assessment.
For enrichment, the students will research recent court cases where
criminal defenses were claimed, will give a summary of the court cases,
and will give the outcome of each court case. Use the Research Rubric for
assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.293. Law Enforcement I (One to Two Credits).
(7) The student analyzes procedural and substantive criminal law. The
student is expected to:
(D) analyze types of criminal defenses.
College and Career Readiness Standards
Social Studies Standards
IV. Analysis, Synthesis, and Evaluation of Information
D. Reaching conclusions
1. Construct a thesis that is supported by evidence.
2. Recognize and evaluate counter-arguments.
4
Copyright © Texas Education Agency, 2011. All rights reserved.
Name:_________________________
Date:__________________________
Criminal Defenses Exam
1)
Misdemeanors are worse crimes than felonies.
A) True
B) False
2)
If you claim “accidental defense,” you had no desire to harm anyone.
A) True
B) False
3)
If the Defendant claims a legal criminal defense, it is up to the Prosecutor to
prove such defense.
A) True
B) False
4)
Juveniles can never be tried as an adult.
A) True
B) False
5)
All veterans of war can claim PTSD if ever accused of committing a crime.
A) True
B) False
6)
A person comes at you with a knife. You grab a nearby baseball bat and
swing it at the attacker’s head. The force of the blow kills the attacker
immediately. You can claim self-defense when accused of murder.
A) True
B) False
7)
“Duress” is when you are coerced or forced by another person to commit a
crime.
A) True
B) False
8)
You may claim “entrapment” as a defense when it is impossible to control your
conduct.
A) True
B) False
9)
Any law-abiding citizen can claim “public duty” defense.
A) True
B) False
10)
The M’Naughten Rule applies to a temporary insanity defense.
5
Copyright © Texas Education Agency, 2011. All rights reserved.
A) True
B) False
11)
An illegal act that is less serious than a misdemeanor, and may carry the
punishment of only a fine or suspension of privileges, is a ______?
A) Felony
B) Class A Misdemeanor
C) Violation
D) Obstruction of Justice
12)
What are the crimes for which one can receive a punishment of 1 year or
less in a state prison or county jail?
A) Felonies
B) Misdemeanors
C) Violations
D) Blue laws
13)
Battered Woman Syndrome Defense can be claimed if, based on a previous
history of abuse from the actor, the victim acted out of fear of
______________ from a probable assault by the actor.
A) bodily injury
B) serious bodily injury
C) death
D) All of the above
14)
PTSD stands for _________________________________.
A) Post Traumatic Stress Disorder
B) Police Training and Security Department
C) Prosecutor’s Testimonial Suspect Defense
D) Pre-Trial Sentencing Deliberations
15)
Once a juvenile turns 17, his/her criminal records are sealed and cannot be
opened _________________________.
A) for the rest of his/her life
B) unless he/she commits another crime
C) unless his/her parents make such a request
D) without a court order
16)
Prior to entering your bank, a man grabs you and points a gun into your ribs.
He tells you that he will kill you unless you walk into the bank and hand the
teller a note requesting that all of the bank’s money be placed in a bag, or
else the teller will be shot. With the gun stuck in your side, you commit bank
robbery. You can claim which of the following defenses?
A) Irresistible Impulse
B) Entrapment
C) Temporary Insanity
D) Duress
6
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17)
Which of the following scenarios could you assert the “Necessity” defense?
A) Two days after Hurricane Katrina, a man is walking through waist-deep
water. He is carrying a 25” flat screen TV that he took from one of the
damaged businesses. He is later charged with theft.
B) Two days after Hurricane Katrina with no help in sight, a woman takes
baby formula from a closed grocery store in which others had broken
through the doors. Her six-week-old baby has become dehydrated and
lethargic. She feeds him the formula since he has not had anything to
eat or drink in three days. She is later charged with theft.
C) After Hurricane Katrina, a woman shoots a man inside of the
Superdome. She claims that he verbally abused her and her children.
She is later charged with murder.
D) Prior to Hurricane Katrina, a man carjacks a couple in order to escape
the impending weather. He is later charged with auto theft.
18)
A man is holding a young baby hostage. The man appears in a window
holding a pistol at the baby’s head. A police officer shoots and kills the man.
Which of the following is the best criminal defense for the officer to claim?
A) Self-Defense
B) Self-Defense of Another
C) Public Duty Defense
D) All of the above
19)
“Accidental Defense” can be claimed if ___________________.
A) You had a lack of self control
B) You committed the crime to avoid a greater evil
C) You accidentally pulled the trigger of a gun you were pointing at
someone as a threat
D) None of the above
20)
What can be used at trial to prove a claimed defense to a crime?
A) Expert opinion
B) Evidence
C) Testimony
D) All of the above
7
Copyright © Texas Education Agency, 2011. All rights reserved.
Criminal Defenses Exam Key
1. B
2. A
3. B
4. B
5. B
6. A
7. A
8. B
9. B
10. B
11. C
12. B
13. D
14. A
15. D
16. D
17. B
18. C
19. D
20. D
8
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Your Name___________________________________ Your Group Number_______
Peer Evaluation
1) Name of Student________________________________________
At what level of seriousness did they take this activity?
Not Very Serious
Very Serious
0
1
2
3
4
Did they make a significant contribution to the brainstorming process?
No
Yes
0
1
2
3
4
Did they make a significant contribution to preparing for the skit?
No
Yes
0
1
2
3
4
What was the level of their participation in the skit(s)?
None
A Lot
0
1
2
3
4
Would you want to work with this person in a group again based on
their level of productivity?
No
Yes
0
1
2
3
4
Total Score_______
2) Name of Student________________________________________
At what level of seriousness did they take this activity?
Not Very Serious
Very Serious
0
1
2
3
4
Did they make a significant contribution to the brainstorming process?
No
Yes
0
1
2
3
4
Did they make a significant contribution to preparing for the skit?
No
Yes
0
1
2
3
4
What was the level of their participation in the skit(s)?
None
A Lot
0
1
2
3
4
Would you want to work with this person in a group again based on
their level of productivity?
No
Yes
0
1
2
3
4
Total Score_______
9
Copyright © Texas Education Agency, 2011. All rights reserved.
3) Name of Student________________________________________
At what level of seriousness did they take this activity?
Not Very Serious
Very Serious
0
1
2
3
4
Did they make a significant contribution to the brainstorming process?
No
Yes
0
1
2
3
4
Did they make a significant contribution to preparing for the skit?
No
Yes
0
1
2
3
4
What was the level of their participation in the skit(s)?
None
A Lot
0
1
2
3
4
Would you want to work with this person in a group again based on
their level of productivity?
No
Yes
0
1
2
3
4
Total Score_______
4) Name of Student________________________________________
At what level of seriousness did they take this activity?
Not Very Serious
Very Serious
0
1
2
3
4
Did they make a significant contribution to the brainstorming process?
No
Yes
0
1
2
3
4
Did they make a significant contribution to preparing for the skit?
No
Yes
0
1
2
3
4
What was the level of their participation in the skit(s)?
None
A Lot
0
1
2
3
4
Would you want to work with this person in a group again based on
their level of productivity?
No
Yes
0
1
2
3
4
Total Score_______
10
Copyright © Texas Education Agency, 2011. All rights reserved.
5) Name of Student________________________________________
At what level of seriousness did they take this activity?
Not Very Serious
Very Serious
0
1
2
3
4
Did they make a significant contribution to the brainstorming process?
No
Yes
0
1
2
3
4
Did they make a significant contribution to preparing for the skit?
No
Yes
0
1
2
3
4
What was the level of their participation in the skit(s)?
None
A Lot
0
1
2
3
4
Would you want to work with this person in a group again based on
their level of productivity?
No
Yes
0
1
2
3
4
Total Score_______
6) Name of Student________________________________________
At what level of seriousness did they take this activity?
Not Very Serious
Very Serious
0
1
2
3
4
Did they make a significant contribution to the brainstorming process?
No
Yes
0
1
2
3
4
Did they make a significant contribution to preparing for the skit?
No
Yes
0
1
2
3
4
What was the level of their participation in the skit(s)?
None
A Lot
0
1
2
3
4
Would you want to work with this person in a group again based on
their level of productivity?
No
Yes
0
1
2
3
4
Total Score_______
11
Copyright © Texas Education Agency, 2011. All rights reserved.
Name_______________________________________
Date_______________________________
Discussion Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Participates in group discussion
Encourages others to join the
conversation
Keeps the discussion progressing
to achieve goals
Shares thoughts actively while
offering helpful recommendations to
others
Gives credit to others for their ideas
Respects the opinions of others
Involves others by asking questions
or requesting input
Expresses thoughts and ideas
clearly and effectively
Total Points (32 pts.)
Comments:
12
Copyright © Texas Education Agency, 2011. All rights reserved.
Name______________________________________
Date_______________________________________
Individual Work Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Follows directions
Student completed the work as directed,
following the directions given, in order and to the
level of quality indicated
Time management
Student used time wisely and remained on task
100% of the time
Organization
Student kept notes and materials in a neat,
legible, and organized manner. Information was
readily retrieved
Evidence of learning
Student documented information in his or her
own words and can accurately answer questions
related to the information retrieved
*Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Total Points (20 pts.)
Comments:
13
Copyright © Texas Education Agency, 2011. All rights reserved.
Name:____________________________________
Date:_____________________________
Presentation Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Topic/Content
 Topic discussed completely and in-depth
 Includes properly cited sources (if used)
Creativity/Neatness
 Integrates a variety of multimedia effects
to create a professional presentation
(transition and graphics) or appropriate
visual aid used
 Title slide, table of contents, bibliography
are included, using acceptable format
Mechanics
 Grammar, spelling, punctuation, and
capitalization are correct
 Image and font size are legible to the
entire audience
Oral Presentation
 Communicates with enthusiasm and eye
contact
 Voice delivery and projection are
dynamic and audible
Audience Interaction
 Presentation holds audience’s attention
and relates a clear message
 Clearly and effectively communicates the
content throughout the presentation
Total Points (20 pts.)
Comments:
14
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Name______________________________________
Date_______________________________________
Research Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Question/goal
Student identified and communicated a question
or goal of the research
Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Conclusion/Summary
Student drew insightful conclusions and
observations from the information gathered.
Information is organized in a logical manner
Communication
Student communicated the information gathered
and summary or conclusions persuasively.
Student demonstrated skill in the use of media
used to communicate the results of research
Reflection
Student reflected on the importance of the
research and its potential application
Total Points (20 pts.)
Comments:
15
Copyright © Texas Education Agency, 2011. All rights reserved.
Name:____________________________________
Date:_____________________________
Role Play Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Relates to the audience
Provides fluent rendition of the
scenario
All required content is included
Acts with feeling and expression
Varies intonation
Presents characters appropriately
Gives the scenario its full range
Breaches are easily identified
Total Points (32 pts.)
Comments:
16
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