Affirmative Defenses Justification Defenses http www youtube comwatch
Affirmative Defenses Justification Defenses http: //www. youtube. com/watch? v=6 FY 6 -h 1 hb 1 A Defenses for crimes!
What is it? § A claim that the defendant did it, but because of circumstances, they should not be punished. § The defendant has the burden of proof.
Entrapment § Encouraged to commit a crime the defendant wouldn’t commit otherwise § Police must do more than provide opportunity – Predisposition
Self-Defense § To prove self-defense the defendant must show: – Reasonable belief force was required for protection – Immediate danger of harm or crime – Force used must be proportionate to the threat – Defense of others/ of home/ of property § Defense of other is the same as defending yourself
Necessity § A crime to avoid a greater evil – Reasonable belief of a imminent threat or crime – Must not have created the conditions of his own dilemma – No reasonable alternative- couldn’t accomplish the same objective with a legal alternative – Deadly forces can’t be used in a non-deadly attack
Duress § A crime that was forced due fear of immediate injury/ other consequences. § Doctrine of Duress: – – Imminent threat of serious bodily harm or death A well founded fear the threat would be carried out No reasonable chance to escape or frustrate that threat Not of his/her own doing § Criminal acts must be voluntary
QUESTIONS § Two brothers, 8 and 5, just finished watching an old, western movie. Later, while playing cowboys and Indians, the 8 year old gets his father’s gun from the dresser and while pretending to shoot his brother, the gun went off, and his brother was killed. Did the 8 year old commit murder? § Should a 10 year old charged with murder be tried as an adult and, if convicted, receive an adult sentence?
§ To be convicted of a crime, the defendant must demonstrate capacity and the ability to be responsible. § Lack of capacity: – Infancy – Insanity – Intoxication
Infancy § Defendant is too young to understand crime or its consequences – Usually under 14… juvenile system
Insanity 1. Successful in less than 1% of cases! 2. If found guilty by reason of insanity, must be incarcerated in a psych. facility until deemed not to pose a danger to society § M’Naughten Test: § Didn’t understand what they were doing and/ or didn’t know that the crime was wrong defect of reason § Durham: (vague, so only used by NH) – Act was caused by mental illness/ disease/ or defect § Model Penal Code: – Don’t know conduct is wrong
Intoxication § Involuntarily/ unknowingly ingested – Not self inflicted – Person was “drugged” – Took meds and had a highly unlikely and unforeseeable reaction
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