¨ The “nuh uh” Defense ¨  I didn’t do it

¡ Alibi ú Evidence that the defendant was

somewhere else

¡ DNA testing

¨  Think back to when you were making the laws for your own fictional country.

¨  If you were still in charge what would be reasons people could commit a crime and have smaller sentence or none at all. ¡  On your own: brainstorm 3-4

¨  Yup, I did it BUT… ¡  Self-Defense ¡  Infancy ¡  Intoxication ¡  Insanity ¡  Entrapment ¡  Duress ¡  Necessity

¨  Defense began in the 14th Century ¨  Modern criteria comes from 1800’s (19th

Century) ¡  A person should not be convicted if they lack “substantial capacity” to appreciate the nature of the act they commit.

¨  Mental State determines: 1.  Competent to stand trial (if no may lead to a delay) 2.  Sane during the act (impacts the verdict directly) 3.  Sane after the trial (doesn’t affect liablity)

¨  Four Possible Verdicts: 1.  Guilty 2.  Not guilty 3.  Not guilty by reason of insanity

ú  Automatic commitment to a mental institution

---------OR----------

ú  Judge determines commitment 4.  Guilty but mentally ill

ú  Go to mental hospital until deemed well; then transferred to prison

¨  Defense must prove insanity ¡  Psychiatrist testimony is key ¡  Both sides normally have a psychiatrist ¡  These experts typically disagree

¨  Montana, Idaho, and Utah have abolished the defense

¨  Americans tend to believe that this defense has been used successfully by many ¡  8 state study shows otherwise:

ú  1% of criminal cases ú  Successfully in 25% of these cases

¨  Should Mark Becker have been convicted of first degree murder? ¡  If so why? ¡  If not what should they have done?

¨  Why do you think the jury made the decision they did? What other factors may have been involved.

¨  An unlawfully attacked person can use reasonable force

¨  A person can use reasonable force to help another person

¨  Can’t use MORE force than necessary ¡  After stopping the attack can’t become the

attacker ¡  Use of deadly force only if serious danger is

imminent

¨  The occupant(s) of the home: ¡  must reasonably believe

that the intruder intends to inflict serious bodily harm or death upon an occupant of the home

¡  must not have provoked or instigated an intrusion, or provoked or instigated an intruder to threaten or use deadly force

¡  may be required to attempt to exit the house or otherwise retreat (this is called

¨  An Intruder must be: ¡  making (or have

made) an attempt to unlawfully and/or forcibly enter an occupied home, business or car.

¡  acting illegally

¨  Drunk or High: didn’t know what he or she was doing

¨  Voluntary –vs- Involuntary

¨  Most the time this defense does not work unless it is to fight intent

¨  Historically: ¡  0-7 Impossible to commit a crime ¡  7-14 presumed unlikely

¨  Today: ¡  Juveniles are handed to the

Juvenile Court System

¨  Does something as a result of coercion (force) or a threat of immediate danger to life or personal safety

¨  Not a defense for homicide

¨  Example

¨  Induced or persuaded by law enforcement to do the crime

¨  Selling to an officer is not entrapment ¡  Must be shown that the

crime would not have been committed if it weren’t for the officer’s induce

¨  A person commits a crime in order to survive ¨  Does not work for homicide

1.  Which party has the burden of asserting the elements of an affirmative defense? ú 

2.  What is the main difference between the defenses of duress and necessity?

3.  What are the two types of intoxication?

¨  What are the elements of self defense? (four – possibility of five correct answers)