DefensesDefenses

4 main types of 4 main types of DefensesDefenses

1. No Crime has been 1. No Crime has been committedcommitted

Defense alleges that the act itself Defense alleges that the act itself was not criminal or that there was no was not criminal or that there was no criminal intentcriminal intent

2. The defendant did not 2. The defendant did not commit the crimecommit the crime

Mistaken Mistaken identityidentity (SODDI)(SODDI)

AlibiAlibi The The

Innocence Innocence ProjectProject

3. Defendant committed a 3. Defendant committed a crime but it was justifiedcrime but it was justified

Self defenseSelf defense Deadly force – person reasonably Deadly force – person reasonably

believes there is imminent danger of believes there is imminent danger of death or bodily harm (See Bernard death or bodily harm (See Bernard Goetz)Goetz)

Bernard GoetzBernard Goetz

goetzgoetz

4. Defendant committed the 4. Defendant committed the crime but is not criminally crime but is not criminally

responsibleresponsible Infancy – how young is too young?Infancy – how young is too young? youngestyoungest

IntoxicationIntoxication

Voluntary or involuntaryVoluntary or involuntary

InsanityInsanity

Insanity defenseInsanity defense

seldom usedseldom used VERY seldom successfulVERY seldom successful

Substantial capacitySubstantial capacity Competent to stand trial?Competent to stand trial? Sane at the time of the act?Sane at the time of the act? Sane after the act?Sane after the act?

EntrapmentEntrapment

Induced or persuaded by a law Induced or persuaded by a law enforcement officerenforcement officer

DuressDuress

Coercion, lack of free willCoercion, lack of free will

NecessityNecessity

Unavoidable, necessary to protect Unavoidable, necessary to protect lifelife