Chapter 11

Defenses
Mock Trials
1st Work Day
nd Work Day
 2
 3rd Work Day
 4th Work Day
 TRIAL DAY
 TRIAL DAY

Nov
Nov
Nov
Nov
Nov
Nov
2
8
15
16
19/20
20/21
½ class
½ class
½ class
½ class
Jackson
Minnesota
Defenses



For a conviction, the prosecutor must
establish beyond a reasonable doubt that the
defendant committed the act in question with
the required intent
The defendant IS NOT required to present a
defense but can instead force the government
to prove its case (innocent until proven guilty)
However, a number of defenses are available
to defendants in criminal cases
Types of Defenses
Use your book (p. 126-132) to explain each type of defense
NO CRIME HAD BEEN COMMITTED
DEFENDANT DID NOT COMMIT THE CRIME
DEFENDANT COMMITTED THE ACT, BUT WAS JUSTIFIED
DEFENDANT COMMITTED THE ACT, BUT IS NOT RESPONSIBLE
INFANCY
INTOXICATION
INSANITY
ENTRAPMENT
DURESS
NECESSITY
Defenses
1.
No Crime has been committed
1.
2.

Did not commit the crime


No criminal act was committed
No criminal intent was involved
Mistaken identity (alibi, DNA, etc)
Did commit act, but was justified
1.
Self Defense (must prove belief of imminent danger
to self or others)
1. Cannot use unreasonable force for the situation
Stand Your Ground Law
Washington State

The law allows use of deadly force in the lawful
defense of oneself, a family member, or any
other person, when there is reasonable ground to
prevent action(s) of the person slain to commit a
felony or to do injury or harm, and there is
imminent danger of such design being
accomplished; or in the actual resistance of an
attempt to commit a felony upon the slayer, on
those in their presence, or upon or in a dwelling,
or other place of abode, in which they are.
Ms. Urbanski kept a pistol in her
home as protection against
intruders. One evening, she
heard a noise in the den and
went in investigate. Upon
entering the room, she saw a
man stealing her television.
The burglar, seeing the gun,
ran for the window, but Ms.
Urbanski fired and killed him
before he could escape. In a
trail for manslaughter, Ms.
Urbanski pleaded self-defense.
Would you find her guilty? Why
or Why not?
Mr. Peters has a legal handgun to protect
his home against intruders and against
the increasing crime in his
neighborhood. One night, Takeshi, a 16
year old exchange student, walks up to
Mr. Peter’s driveway looking for a party.
Takeshi thinks Mr. Peters is hosting the
party and begins yelling and waving his
arms. Mr. Peters gets scared, retrieves
his handgun, and points it at Takeshi
while yelling “Freeze!” Takeshi does not
understand English and keeps walking
toward Mr. Peters. Thinking he is an
intruder, Mr. Peters shoots and kills
Takeshi at the front steps of his house.
Mr. Peters is charged with first-degree
murder. Does he have a defense?
Would your answers to Situation One
and Situation B be any different if
your state had a “Stand Your
Ground” law? HOW?WHY?
The owner of a jewelry store witnesses
a shoplifter stealing an expensive
diamond necklace. Can the owner
use force to prevent the crime? If
so, how much?
Defenses
1.
(continued)
Not criminally responsible
1.
Infancy (too young)
1.
2.
3.
2.
Intoxication (not in control)
1.
3.
Under age 7 – no criminal ability
Under 14 – Juvenile offense
Tried as an adult for most serious crimes
Did not know what they were doing
Insanity (certifiable)
1.
2.
3.
People with mental disorders may not be able to form
criminal intent
Acquitted due to mental illness or Guilty but mentally ill
4 states refuse this defense (Montana, Idaho, Utah, Kansas)
Washington State’s
Insanity Defense

The rules so formulated as M'Naghten's Case
have been a standard test for criminal liability in
relation to mentally disordered defendants in
common law jurisdictions, with some minor
adjustments. When the tests set out by the Rules
are satisfied, the accused may be adjudged "not
guilty by reason of insanity" and the sentence
may be a mandatory or discretionary (but usually
indeterminate) period of treatment in a secure
hospital facility, or otherwise at the discretion of
the court (depending on the country and the
offence charged) instead of a punitive disposal.
Quick Review
What is the INSANTIY DEFENSE?
 How does it work?
 Should the INSANITY DEFENSE be
kept as it is, changed in some way,
or abolished? Explain your answer

Defenses
(continued)
1. Entrapment
1.
Claims they were induced or persuaded by a law
enforcement officer
2. Duress
1.
Acted under great stress, coercion, or threat
3. Necessity
1.
Unavoidable due to circumstance (to protect
someone’s life)
Can entrapment be claimed as a valid
defense in any of the following cases?
A.
A.
A.
Mary, an undercover police officer masquerading as a
prostitute, approaches Edward and tells him that she’ll
have sex with him in exchange for $50. Edward hands
over the money and is arrested.
Jan, a drug dealer, offers to sell drugs to Emilio, an
undercover officer posing as a drug addict. Emilio buys
the drugs, and Jan is arrested.
Rashid, an undercover FBI agent, repeatedly offers
Sammy a chance to get in on an illegal gambling ring,
with the promise that he will win big. After refusing
several offers, Sammy, who has no history of gambling
and who just lost his job, finally gives Rashid $200 as a
bet. Rashid immediately arrests Sammy.