CJ Chapter 11

Group of defenses: Alibi, Justification, Excuses, Procedural Defense

The prosecutor has the burden of proving the case; defense is not needed.

Alibi: participation in the act is not possible

Justification: admits act but necessary for the greater good.

Justifications: Self Defense/Defense of Others, Defense of Home/Property, Consent, Resisting Unlawful Arrest, Necessity

Excuses: not accountable under law for personal conditions

Excuses: Durress, Infancy, Mistake, Involuntary Intoxication, Unconsciousness, Provocation, Insanity/Diminished Capacity/Mental Incompetence

Procedural Defenses: official procedure not followed

Procedural Defenses: Entrapment, Double Jeopardy, Selective Prosecution, Police Fraud, Collateral Estoppel

Double Jeopardy: cannot be tried for the same trial twice

Self Defense/Defense of 3rd Part: must be the threat of bodily harm and only reasonable force

Deadly force can’t be used in situations of defense property

Insanity: not guilty but sent toa  mental institution

Diminished Capacity: no longer capable of making decisions (Not Guilty)

Insanity: - didn’t know what they were doing

• Didn’t know wrong

• Not competent to defend self in trial

Voluntary Intoxication: Willingly intoxicated

Involuntary Intoxication: Forced/Doesn’t know they’re intoxicated

Entrapment: acted but inducted by law enforcement to do it

Police Fraud: unethical/illegal act

Selective Prosecution: 2 arrested, one prosecuted

Prosecutorial Misconduct: unethical/illegal act

Infancy defense includes age and juveniles over 1 year old.