DEFENSES TO CRIMINAL PROSECUTION Law Enforcement I Copyright

Copyright and Terms of Service Copyright © Texas Education Agency, 2011. These materials are

DEFENSES FOR WOMEN Battered Woman Syndrome Defense ◦ History of abuse ◦ In fear

DEFENSES FOR WOMEN (continued) A husband comes home every night and physically abuses his

DEFENSES FOR WOMEN (continued) PMS Defense ◦ A defense in England other European countries

DEFENSE FOR VETERANS What is PTSD? ◦ Post Traumatic Stress Disorder ◦ Veterans of

DEFENSE FOR VETERANS (continued) Do all Veterans have PTSD? ◦ The law specifically states

DEFENSE FOR VETERANS (continued) A veteran who had witnessed the horrors of war is

JUVENILE CRIMINALS Who is a Juvenile? ◦ In the State of Texas a juvenile

JUVENILE CRIMINALS (continued) Why are juvenile laws different? ◦ Broken a law or in

JUVENILE CRIMINALS (continued) What happens when arrested? ◦ ◦ ◦ “Taken into Custody” Transported

DURESS Coerced or forced by another person to commit a crime No criminal history

ENTRAPMENT � “Enticed” to commit a crime � No criminal history � Never seen

ENTRAPMENT (continued) A law enforcement officer goes into a neighborhood where a majority of

IRRESISTIBLE IMPULSE Impossible to control conduct Emotions not normal Outside factors impact action Action

IRRESISTIBLE IMPULSE (continued) A man has not eaten anything for weeks. He is walking

PUBLIC DUTY DEFENSE Police are justified in their use of force The action defends

NECESSITY Avoid a greater evil or crime Had no other choice Fear of consequences

NECESSITY (continued) A woman is drowning in flood waters. Her arm is wedged under

ACCIDENTAL Result of happenstance Harm not planned No intent to harm No influencing factors

ACCIDENTAL (continued) A worker is rebuilding a brick ledge. He has a scaffolding set

SELF-DEFENSE Defending oneself No premeditation A normal, prudent person would have reacted in the

THE DURHAM RULE Temporarily Insane Not in control of one’s senses at the time

THE DURHAM RULE (continued) Temporarily Insane A father comes home and finds a man

THE M’NAUGHTEN RULE Incapable of determining right from wrong Provable in court The jury

MALA PROHIBITA Conduct prohibited by law, although not inherently evil Mostly statutory crimes such

MALA IN SE Actions that are wrong in themselves; acts that are morally wrong;

RESOURCES Texas Code of Criminal Procedure and Texas State Penal Code http: //www. statutes.

Slides: 28

Download presentation

DEFENSES TO CRIMINAL PROSECUTION Law Enforcement I

Copyright and Terms of Service Copyright © Texas Education Agency, 2011. These materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions: 1) Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from TEA. 2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only, without obtaining written permission of TEA. 3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way. 4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged. Private entities or persons located in Texas that are not Texas public school districts, Texas Education Service Centers, or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain written approval from TEA and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty. Contact TEA Copyrights with any questions you may have. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 2

DEFENSES FOR WOMEN Battered Woman Syndrome Defense ◦ History of abuse ◦ In fear of injury or death from a probable assault by the actor ◦ Actions based on the assault history of the actor against the victim Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 3

DEFENSES FOR WOMEN (continued) A husband comes home every night and physically abuses his wife. One night, the battered woman hears her abuser opening the door of their home. She waits for him just inside the door and hits him over the head with an iron skillet when he opens the door. The man dies from the blow to the head. The wife is able to file the “Battered Woman Syndrome Defense” against prosecution. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 4

DEFENSES FOR WOMEN (continued) PMS Defense ◦ A defense in England other European countries ◦ Not used in the US to this date ◦ Similar to the insanity plea Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 5

DEFENSE FOR VETERANS What is PTSD? ◦ Post Traumatic Stress Disorder ◦ Veterans of combat ◦ Based on hardships and experiences endured in combat Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 6

DEFENSE FOR VETERANS (continued) Do all Veterans have PTSD? ◦ The law specifically states Vietnam Veterans ◦ But any veteran claim the PTSD defense if he can show such traumatic experiences triggered his reaction Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 7

DEFENSE FOR VETERANS (continued) A veteran who had witnessed the horrors of war is walking down the street. He sees a boy lying on the ground curled up in a defensive position. A pool of blood surrounds the boy. An adult man is beating the boy with a steel rod. The veteran reacts instantly to the boys outcry of pain and kills the boy’s assailant. The veteran reacted just as he would have in combat. Therefore, he can fall upon the PTSD defense. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 8

JUVENILE CRIMINALS Who is a Juvenile? ◦ In the State of Texas a juvenile is defined as any child not older than 16 years of age and not younger than 10 years of age Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 9

JUVENILE CRIMINALS (continued) Why are juvenile laws different? ◦ Broken a law or in need of supervision ◦ “Civil Offenses” ◦ Records sealed at 17 (unless continued record of criminal activity) ◦ Sealed records cannot be opened without a court order Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 10

JUVENILE CRIMINALS (continued) What happens when arrested? ◦ ◦ ◦ “Taken into Custody” Transported Taken before a Magistrate Written or oral statement Fingerprinted and photographed ◦ Released or turned over Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 11

DURESS Coerced or forced by another person to commit a crime No criminal history Fear of ◦ ◦ Bodily Injury Exposure Injury of another Death Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 12

ENTRAPMENT � “Enticed” to commit a crime � No criminal history � Never seen committing such a crime Law enforcement provides means and motivation Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 13

ENTRAPMENT (continued) A law enforcement officer goes into a neighborhood where a majority of the people are starving. He leaves a bag of groceries sitting on the hood of a car, waits, and arrests the person who takes the abandoned food. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 14

IRRESISTIBLE IMPULSE Impossible to control conduct Emotions not normal Outside factors impact action Action of another triggers impulse to act Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 15

IRRESISTIBLE IMPULSE (continued) A man has not eaten anything for weeks. He is walking down the street and sees a display of apples in a cart in front of a grocery store. The starving person walks by the store and grabs two apples, immediately beginning to eat one of them. A police officer sees the offense and places the person under arrest for theft. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 16

PUBLIC DUTY DEFENSE Police are justified in their use of force The action defends another The action prevents serious harm to themselves Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 17

NECESSITY Avoid a greater evil or crime Had no other choice Fear of consequences if they did not commit the crime Any other normal, prudent person would have made the same decision Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 18

NECESSITY (continued) A woman is drowning in flood waters. Her arm is wedged under a fallen tree. Blood is pouring out of her arm and the flood waters are rising. A man finds her. In fear that she will drown or bleed to death before other help can arrive, he amputates her arm in order to free her. The greater evil would have been to let the woman drown or slowly die from blood loss. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 19

ACCIDENTAL Result of happenstance Harm not planned No intent to harm No influencing factors Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 20

ACCIDENTAL (continued) A worker is rebuilding a brick ledge. He has a scaffolding set up on the sidewalk with a warning sign. He turns to add another cleaned brick to the pile, sneezes and accidentally knocks an existing brick from the pile. A person passing underneath the scaffolding is struck by the brick and suffers a skull fracture. The worker’s defense is “Accidental. ” Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 21

SELF-DEFENSE Defending oneself No premeditation A normal, prudent person would have reacted in the same manner One level of force greater than the force being used against you Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 22

THE DURHAM RULE Temporarily Insane Not in control of one’s senses at the time of the crime Emotionally driven Actions contrary to personality The jury decides whether to accept a plea of insanity Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 23

THE DURHAM RULE (continued) Temporarily Insane A father comes home and finds a man attempting to rape his daughter. The father reacts violently in defense of his daughter, and beats the attacker over the head with an object within his reach. His defense is Temporary Insanity due to his mental state when he saw his daughter being attacked. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 24

THE M’NAUGHTEN RULE Incapable of determining right from wrong Provable in court The jury agrees Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 25

MALA PROHIBITA Conduct prohibited by law, although not inherently evil Mostly statutory crimes such as ◦ Drunk driving, public intoxication, drug abuse, gambling, and carrying a concealed weapon “Wrong because it is prohibited” Usually incurs only minor infractions/misdemeanors; no serious punishment Attempt to regulate the behaviors of society Crimes that do not harm people or property Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 26

MALA IN SE Actions that are wrong in themselves; acts that are morally wrong; offenses against conscience Usually common-law crimes or those that are dangerous to life or limb “Wrong in itself” Examples: assault, theft, prostitution, and murder Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 27

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/Ch 15. html Supreme Court Case: The State Of Washington v. Joseph Henry Maish http: //www. mrsc. org/mc/courts/supreme/029 wn 2 d 0052. 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 arn 49 ◦ review journal insanity defense: killer’s mental illness recedes ◦ defense witness calls death of cop's wife accidental ◦ tncrimlaw defense entrapment Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 28