Defenses to Criminal Prosecution

What are the 3 types of prosecution? (3)

1) Violations

2) Misdemeanors

3) Felony

Give an example of a violation

Traffic Tickets

Define and give an example of misdemeanors (2)

1) A minor wrongdoing

2) Ex. 1st Offense DWI (driving while intoxicated)

Define and give an example of felony (2)

1) An action punishable by more than a year in prison

2) Ex. Murder

Describe defense vs affirmative defense (2)

1) Defense: “I didn’t do it”

2) Affirmative defense: “I did it, BUT for a REALLY good reason”

Define Affirmative Defense (2)

1) Legal defense to a crime that the defendant has the burden of proving

2) Person admits to court that they committed charged crime and then follow up their admission w/an explanation of how their actions were justified under the circumstances

Arguing an affirmative defense can help…

mitigate or even avoid altogether the criminal consequences of person’s actions

Popular affirmative defenses include… (3)

1) Consent

2) Entrapment

3) Being too young to be held criminally responsible

Learning this, students should consider what the defense might try to say in order to…

eliminate guilt and thus not be held accountable for crime

What are the four common defenses? (4)

1) Innocence

2) Constitutional Violation

3) Self Defense

4) Insanity

Short description for innocence

You didn’t do it.

Short description for constitutional violation

Prosecution didn’t follow the law

Short description for self-defense

You were protecting yourself or others

Short description for insanity

Mental disease or disorder made you do it

Describe duress (3)

1) Coerced or forced by another person to commit a crime

2) No criminal history

3) Fear of bodily injury, exposure, injury of another, death

Describe entrapment (4)

1) “Enticed” to commit a crime

2) No criminal history

3) Never seen committing such a crime

4) Law enforcement provides means and motivation

Describe irresistible impulse (4)

1) Impossible to control conduct

2) Emotions not normal

3) Outside factors impact action

4) Action of another triggers impulse to act

Describe necessity (4)

1) Avoid a greater evil or crime

2) No other choice

3) Fear of consequences if they did not commit the crime

4) Any other normal person would have made the same decision

Describe accidental (4)

1) Result of happenstance

2) Harm not planned

3) No intent to harm

4) No influencing factors

Describe battered woman syndrome (3)

1) History of abuse

2) In fear of injury or death from a probable assault by actor

3) Actions based on assault history of actor against victim

Describe defense for veterans PTSD (post traumatic stress syndrome) (3)

1) Veterans of combat

2) Based on hardships and experiences endured in combat

3) Law specifically states Vietnam Veterans but any veteran can claim PTSD defense if they can show such traumatic experiences triggered their reaction

Define The M’Naghten Rule

Standard under which a criminal defendant is considered to have been insane at the time of an act (as a killing) if he/she did not know right from wrong or did not understand moral nature of the act because of a mental disease or defect

Describe The M’Naghten Test

1) Did not know what they were doing when they committed act

OR

2) Knew what they were doing, but did not know that it was wrong (ex. acting under orders from God)

Under the M’Naghten Test, all defendants are presumed to be sane unless…

they can prove that at the time of committing the criminal act, the defendant’s state of mind caused them to (1) not know what they were doing when they committed said act or (2) that they knew what they were doing, but did not know that it was wrong (ex. acting on orders from “God” is a common example)

What are the 4 categories for defenses? (4)

1) No crime was committed

2) Did not commit the crime

3) Committed the act, but it was justified

4) Committed the act but was not criminally responsible

Describe age affecting criminal responsibility (juveniles) (3)

1) Children under age of 10 are presumed to be incapable of committing an offense

2) Ages 10-17 are considered juveniles in the state of Texas

3) 14-year-olds, if certain parameters are met, can be tried as adults (and face adult punishments)

A 14-year-old can be transferred to adult justice system in any of the following: (3)

1) Allegedly committed a capital felony

2) Allegedly committed a first-degree felony

3) Allegedly committed an aggravated controlled substance felony

A 15-year-old can be transferred to adult justice system in any of the following: (3)

1) Allegedly committed a second-degree felony

2) Allegedly committed a third-degree felony

3) Allegedly committed a state jail felony

Definition of Alibi (2)

1) Defense claiming the defendant was somewhere else when crime occurred and therefore could not have committed it

2) Often supported by witness testimony, surveillance footage, or other evidence

Definition of DNA

Sceintific defense involving genetic evidence that proves defendant was not present at crime scene or did not commit the act (e.g. someone else’s DNA was found on weapon or victim)

Defintion of Defense of Others (2)

1) Justification where defendant claims they used force to protect another person from immediate harm or danger

2) Often judged by whether the use of force was reasonable

Definition of Defense of Property (2)

2) Defense where the defendant argues they used reasonable force to protect their property from theft or damage

2) Deadly force is typically not allowed unless defendant was also in personal danger

Definition of Duress (2)

1) Defense claiming defendant was forced to commit a crime due to immediate threats of serious harm or death

2) Threat must be credible and crime must not be more severe than threat

Definition of Entrapment (2)

1) Defense claiming law enforcement induced defendant to commit a crime they would not have otherwise committed

2) Focuses on gov conduct and defendant’s predisposition

Definition of Infancy (2)

1) Legal defense arguing defendant is too young to be held criminally responsible, based on a legal age threshold

2) Often used for minors under a certain age (ex. under 7 or 10, depending on jurisdiction)

Definition of Intoxication (3)

1) Defense where defendant claims that being under influence of drugs or alcohol prevented them from forming criminal intent

2) Voluntary intoxication is rarely a full defense but may reduce charges

3) Involuntary intoxication is more likely to be a valid defense

Definition of Insanity (2)

1) Mental health defense claiming the defendant was legally insane at time of crime and couldn’t understand the wrongfulness of their actions

2) Often requires psychiatric evaluation and meets strict legal standards

Definition of Lack of Criminal Intent

Defense arguing the defendant did not intend to commit a crime, which may be necessary for conviction depending on offense (especially for specific intent crimes like theft or fraud)

Definition of Mistake in Identity (2)

1) Defense where defendant argues they were wrongly identified as perpetrator

2) Often relying on alibi, eyewitness error, or forensic evidence like fingerprints or videos

Definition of Necessity

Justification defense claiming the defendant had to break the law to prevent a greater harm from occurring (ex. breaking into a cabin to escape a life-threatening storm)

Definition of Battered Woman Syndrome

Psychological defense used primarily in cases of domestic violence, where a defendant (typically a woman) claims prolonged abuse caused them to reasonably believe lethal force was necessary for self-defense, even if not in immediate danger

Definition of Veterans w/PTSD

Defense based on psychological effects of Post-Traumatic Stress Disorder from military service, arguing that defendant’s mental state affected their ability to form intent or respond rationally, sometimes used to reduce or mitigate charges

Which category of defense is Elements of Crime Were Not All Present?

No Crime Was Committed

Definition of Elements of Crime Were Not All Present

Factual defense stating that not all legal elements required to prove the crime (ex. intent, action, result) were met, meaning prosecution can’t legally prove the charge

Which category of defense is Lack of Criminal Intent?

No Crime Was Committed

Which category of defense is Alibi?

Did Not Commit the Crime

Which category of defense is DNA?

Did Not Commit the Crime

Which category of defense is Mistake in Identity?

Did Not Commit the Crime

Which category of defense is Defense of Others?

Commited the Act, But it Was Excusable or Justifiable

Which category of defense is Defense of Property?

Commited the Act, But it Was Excusable or Justifiable

Which category of defense is Duress?

Commited the Act, But it Was Excusable or Justifiable

Which category of defense is Entrapment?

Commited the Act, But it Was Excusable or Justifiable

Which category of defense is Necessity?

Committed the Act, But it Was Excusable or Justifiable

Which category of defense is Battered Woman Syndrome?

Committed the Act, But it Was Excusable or Justifiable

Which category of defense is Infancy?

Committed the Act But Was Not Criminally Responsible

Which category of defense is Intoxication?

Committed the Act But Was Not Criminally Responsible

Which category of defense is Insanity?

Committed the Act But Was Not Criminally Responsible

Which category of defense is Veterans w/PTSD?

Committed the Act But Was Not Criminally Responsible

Which category of defense is Self-Defense?

Committed the Act, But it Was Excusable or Justifiable

Name the defense for this case: Mwamini (6 years old) took her father’s loaded gun and killed her 3 year old brother.

Infancy

Name the defense for this case: Bill got drunk to work up the courage to kill his ex-wife. He shoots her but does not kill her.

Voluntary Intoxication

Name the defense for this case: After Harry’s arrest for robbery, his mental condition deteriorated and he can no longer help his lawyer in his own defense because he is not competent.

Determine if he was in the right mind during crime; IF it was right to due process, right to an attorney BUT since incompetent he is not given the right to attorney and effective counsel, sent away to become competent again, IF never competent = will just stay in mental institution 

Name the defense for this case: At the time that Stanley killed his uncle, he was having a psychotic episode and believed his uncle was a lion trying to kill him.

Insanity

Name the defense for this case: Kamal used to be a drug addict, but he has been clean for 6 months. An undercover police officer approaches him and pressures him to find drugs for the officer to buy. Kamal refuses several times before finally giving in to the intense pressure and he gets some cocaine for the officer.

Entrapment, goes against him since he was a drug addict (history of drug use)

Name the defense for this case: One gang threatened Sergio that they would kill his mother if he did not join their gang. To join their gang, he was required to steal liquor from the liquor store. He steals the liquor and is caught.

Duress

Name the defense for this case: A wildfire burns across a 50-mile area. To escape the fire, Marcus and Jennifer cross Nathan’s land, even though it is posted with no trespassing signs.

Necessity

Name the defense for this case: Roz, who hates dogs, drove down the street at the posted speed limit. A neighbor’s dog ran out in front of her, and Roz could not stop. She killed the dog.

No charge because it was clearly an accident, goes against since she hates dogs

Name the defense for this case: The police arrest Tanya, who fit the description of a car thief. Tanya’s mother states that Tanya was home all night with her.

Alibi Witness

Name the defense for this case: Gabe and Alan have had conflicts for years. One day Alan attacks Gabe for no reason. Gabe strikes back and stops Alan from attacking. Gabe continues to pound Alan several more times before he stops.

STOPS being self-defense when Alan is no longer a threat, bad blood for years and Alan started it, irresistible impulse, if Alan didn’t attack, Gabe would not have hit him, he was just really mad and could not control his emotions, plea deal

Name the defense for this case: Margaret gets off an airplane and grabs her laptop from the overhead bin. She discovers when she is on her connecting flight that she has grabbed someone else's computer.

Accidental, probably want to give it back = no harmful intent shown