Chapter 11 street law

infancy

children between the ages 07 to 14 we're generally presumed incapable of committing a crime, but this presumption could be shown to be wrong.

intoxication

defendants sometimes claim intoxication as a defense - this is the claim at the time of the crime, they were too drunk on alcohol or high on drugs that they did not know what they were doing.

make my day law

gives the person the right to use deadly force to defend their property against unwarranted intrusion

necessity

is when individuals react to a situation that is unavoidable in order to protect life

the use of biological evidence is often used in connecting a Defender to a crime

some examples would include DNA, hair samples, fingerprints, blood samples

entrapment

the entrapment defense supplies when the defendant admits committing a criminal act but claims that he or she was introduced, or persuade, to commit the crime by a law enforcement officer.

during criminal proceedings the accusers mental state can be an issue in determining whether...

1. the defendant is competent to stand trial 2. the defendant was saying at the time of the criminal act 3. the defendant is saying after the trial 4. the insanity defense applies only if the accused was insane at the time of the crime

the defendant may present evidence to show that...

1 no crime was committed or 2 no criminal intent was involved

duress

a person acts under ... When he or she does something as a result of a threat of immediate danger to life or personal safety.

Insanity

the insanity defense has evolved as an important legal concept. Insanity is defined by not knowing the difference between right and wrong due to a mental disease

For the conviction to occur in a criminal case...

the prosecutor must establish Beyond A Reasonable Doubt that the defendant committed the act in question with the required intent