CriminalCriminal

DefenseDefense

How does one defend a person How does one defend a person accused of a criminal offense?accused of a criminal offense?

1. Prove that the accused did not do 1. Prove that the accused did not do it because they have:it because they have:

No motive.No motive. A A good alibi. Been mistakenly identified.Been mistakenly identified.

2. Self-Defense2. Self-Defense

A person who A person who reasonablyreasonably believes there is believes there is imminent danger of bodily harm can use a imminent danger of bodily harm can use a reasonable amount of force as self defense. amount of force as self defense.

A Quick Lesson on Self Defense?

BUTBUT

Non-lethal to protect stuff. to protect stuff. Lethal to protect your life or the lives of Lethal to protect your life or the lives of

others.others.

3. Duress and/or Necessity 3. Duress and/or Necessity

Defendant could not exercise “free will” Defendant could not exercise “free will” because of coercion and/or threat of because of coercion and/or threat of immediate dangerimmediate danger

He/she HAD to commit the crime to save He/she HAD to commit the crime to save his/her lifehis/her life

It is a part of the It is a part of the self defenseself defense plea. plea.

Duress or Necessity are Duress or Necessity are notnot defenses to defenses to homicide…homicide…

4. Prove that the defendant was too 4. Prove that the defendant was too young to understand the gravity of young to understand the gravity of

their act (their act (7 and under))

You are automatically charged as an You are automatically charged as an adult in Wisconsin at the age of 17.adult in Wisconsin at the age of 17.

5. Prove that the defendant was 5. Prove that the defendant was intoxicated.intoxicated.

Must prove that he could not form the Must prove that he could not form the thought of intent (mens rea)thought of intent (mens rea)

Usually only works if the intoxication was Usually only works if the intoxication was involuntary.involuntary.

Usually only Usually only lessenslessens the degree of the the degree of the crime NOT excuse it.crime NOT excuse it.

6. Prove that the defendant was 6. Prove that the defendant was legally insanelegally insane

Did not know right from wrong and/or was insane Did not know right from wrong and/or was insane at the TIME of the crime (M’Naughten Rule, 1843)at the TIME of the crime (M’Naughten Rule, 1843)

Irresistible Impulse: impossible to control personal Irresistible Impulse: impossible to control personal conduct (Jeffery Dahmer)conduct (Jeffery Dahmer)

Incompetent to stand trial.Incompetent to stand trial. Despite popular opinion, this defense is only used

in 1% of criminal cases and is successful only 25% of the time.

7. Proved that the defendant was 7. Proved that the defendant was entrapped.entrapped.

Law enforcementLaw enforcement persuades the accused persuades the accused to commit a crimeto commit a crime

Predisposition of the defendant to commit Predisposition of the defendant to commit an offense is the determining factor.an offense is the determining factor.

To Catch a Predator...To Catch a Predator...

A little something…A little something…

If the defense fails…If the defense fails…