Criminal Justice
Criminal Defenses
Purificato
Alibi- Shows that the defendant was not at the scene of the crime on the day in
question.
Self Defense-
Generally you have the right to use whatever force necessary to
defend yourself from an unlawful attack. For a proper claim of self defense you must
establish three things:
1.
You reasonably believe that force was required for your own protection,
even if it turns out to be mistaken.
2.
The threatened harm was about to happen and the attacker was willing and
able to injure you.
3.
The force used in self defense was reasonable-that is, no more than was
necessary to prevent the victim from inflicting harm.
Necessity- Breaking the law to prevent a greater evil
Duress123-
Insanity-
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.
People are criminally insane if they, as a result of mental illness, did not
know what they were doing or that it was wrong.
Entrapment-
If a government agent induce someone to commit a crime that they
would not otherwise commit.
Ignorance of the Law- “ I didn’t know that was illegal” will only work with
certain obscure laws that people might know or understand.
Mistake of Fact- Innocent mistake
Intoxication-
a person unknowingly ingests drugs or alcohol and does
something he/she might not do if sober. It applies to people forced to take
the intoxicant, who are slipped the intoxicant without their knowledge, and
who take prescription medication without knowing of the risks.
Criminal Justice
Criminal Defenses
Activity- in your groups read each hypothetical situation and decide which defense
might be raised in each situation.
1.
a.
b.
c.
d.
Divide into groups of four
read each hypothetical situation below
Decide which of the defenses mentioned best applies to each situation
Discuss and decide whether you think the defense should work in that
situation.
Write an explanation for each of your decisions and give reasons for your
decision.
Scenarios
A. Brad is an accountant. He learns that the FBI is investigating a client
for fraud. The client calls and orders him to shred his files. Brad
shreds the files but then gets arrested for obstruction of Justice.
B. Emily has never had a rink of alcohol. Friends take her out for her
21st birthday. She gets drunk and punches another woman. She is
charged with battery.
C. Ethan is a schizophrenic. With medication his disease is under
control. One day he decides not to take the medication and he
becomes delusional and robs a bank. He is caught and arrested.
D. Ned is at a church social and drinks what he believes is nonalcoholic punch, but someone spikes the punch with vodka. Ned gets
drunk and walks home late at night singing loudly, He is arrested
for disturbing the peace.
E. Jack a federal agent, knows that Don a terrorist , has planted a
nuclear weapon somewhere in an American city. The bomb will
detonate in an hour and kill thousands if it is not found and defused.
Jack tortures Don until he tells Jack where it is. The bomb is found
and defused; Jack is arrested for assault and battery.
F. Sylvia has been gambling for years. In five years she won more than
400,000 playing poker. She did not declare this money when filing
her tax returns because she did not know she had to. She is charged
with income tax evasion.
G. Officer James, in plain clothes, approaches Keri on the street and
offers to sell her a “hot “ I POD for a cheap price. Keri at first
refuses, but the officer persuades her to buy it. He arrests her for
receiving stolen property.
H. Mark, who has been in and out of mental hospitals for years, hears a
voice ordering him to kill Satan, who is disguised as his next door
neighbor Phil. Mark kills Phil and is charges with murder.
I. Fred goes next door to his neighbor and asks for a half a cup of
flour. The neighbor, a drug dealer, thinks Fred means he wants
cocaine and gives him a half a cup. When Fred leaves his neighbors
house he is stopped by the police and charged with possession of
cocaine.
J. Peter was walking down the street. Without warning a man started
hitting him with a rolled up newspaper. Peter pulled out a gun and
shot him. Peter is charged with assault wit a deadly weapon.
K. Michael is walking home from a long day at school. He is stopped
by the police who say he looks like a person that robbed the liquor
store a few hours earlier. Michael is arrested and charged with
robbery.
L. Nelson tells Lisa, a saxophone player, that he will “ make sure that
she never plays the saxophone again” unless she shoplifts a digital
audio player. She is caught and charged with shoplifting.
Criminal Justice
Responses to Scenarios
Purificato
A.
Defense Chosen ___________________________
Explanation
B.
Defense Chosen ___________________________
Explanation
C.
Defense Chosen ___________________________
Explanation
D.
Defense Chosen ___________________________
Explanation
E.
Defense Chosen ___________________________
Explanation
F.
Defense Chosen ___________________________
Explanation
G.
Defense Chosen ___________________________
Explanation
H.
Defense Chosen ___________________________
Explanation
I.
Defense Chosen ___________________________
Explanation
J.
Defense Chosen ___________________________
Explanation
K.
Defense Chosen ___________________________
Explanation
L.
Defense Chosen ___________________________
Explanation