Chapter 7

Right to a Speedy Trial

U.S. Constitution requires that the criminally accused get a "speedy and public" trial. Failure to give one can result in the dismissal of charges. Federal and state statutes generally set out specific time limits for bringing a person accused of a felony to trial.

Transactional Immunity

If granted, the witness cannot be prosecuted for any offense related to the subject matter of his testimony.

Collateral Estoppel

Is the doctrine stating that a fact necessarily found in one trial of a defendant bars proof of the same fact in a second trial.

Diplomatic Immunity

This is an international agreement regarding government officials stationed in a foreign country; however diplomatic immunity may be waived by the diplomat's home country, and in the case of serious crimes, the U.S. government frequently requests that waiver.

Separate Offenses

Double Jeopardy does not apply to a second prosecution if the offense charge is a "separate offense"

Entrapment

A defense requiring proof that the defendant would not have committed the crime but for police trickery. Not accepted in homicide cases

Necessity

A defense to criminal prosecution on the ground that the harm to be avoided outweighed the harm caused by the crime. The defense is available for only as long as the threat of danger exists Example: A driver wrecks his car and walks in the freezing snow to find help for the family members trapped in the car. Seeing that no one is at home, the driver breaks into the home and uses the phone. The necessity defense might be accepted.

Duress or Coercion as a Defense

A person can be forced into involvement in a crime. Threats must be such that a reasonable person in the defendant's circumstances would be unable to resist the threats. Example: Mother forced to traffic drugs as a result of her child being kidnapped and if life threatened if she does not participate.

Defense of Double Jeopardy

A person who has been acquitted or convicted by a judge or a jury may not be tried again for the same crime. Double jeopardy is not violated if two separate sovereign governments bring charges Two offenses are the "same" for double jeopardy purposes if the same facts serve as a basis for each offense. If one ofense requires proof of a fact that was not part of the other offense, each charge can be prosecuted.

Use Immunity

Allows that the statement made by the witness may not be used in subsequent prosecutions, but the witness can be prosecuted for the crimes about which they testified if other evidence is used to convict them.

Defense that another person committed the Crime

Number of ways to provide that the wrong person has been charged with or convicted of a crime. Providing exculpatory evidence is the easiest way to do so.

Statute of Limitations

Places a limit on how long after a crime has been committed a prosecution may be commenced. The purpose is both to eliminate anxiety about the possibility of prosecution and help ensure that evidence is fresh and not obscured by the passage of time. - Many crimes, such as murder or rape, do not have a limitation period - A few states have no limitation periods

Witness Immunity

Prosecutors have the power to subpoena witnesses to give testimony; however, under the fifth amendment, a witness cannot be compelled to testify against himself.

Predisposed

Ready and wiling to commit the crime when an opportunity arises.

Legislative Immunity

Sometimes granted to representatives, senators, and state legislators to a limited, temporary degree while their legislative bodies are in session. - Charges however, could be held until the legislative body adjourns. Also, state legislators enjoy no immunity from prosecution for federal crimes

Alibi as a Criminal Defense

The defendant is asserting that he or she physically could not have committed the crime, because at the time the crime was committed, he or she was in another place. Because the jury cannot convict if a reasonable doubt exists, alibis are effective defenses. If only two or three of the jurors believe the alibi, a hung jury may result.

Res Judicata

The doctrine states that once an issue has been determined between two parties, one cannot pursue legal remedy a second time by those parties.

Can one kill to save oneself?

United States v. Holmes (1842) Rex v. Dudley and Stephens (1884)

Intoxication or drugged condition as a defense

Voluntary intoxication or drugged condition as a defense to the commission of criminal acts is frequently raised but is typically unsuccessful. Involuntary intoxication or drugged condition can be a defense to a criminal charge if: 1. The jury or judge believes the defendant's story about the intoxication being involuntary 2. The defense is supported by credible evidence that the defendant did not voluntarily take the drug or intoxicant and instead was tricked or forced into taking the substance. 3. The defendant became so intoxicated or drugged that he or she was able to mentally form the specific intent necessary for the crime charged but was physically able to commit the crime.

Mistake or Ignorance of Fact as a Defense

While exceptions always exist, typically not knowing the law (ignorance) is not an excuse for breaking the law; however, an example mistake of fact might be: If a man mistakes his coat for someone else's and grabs the wrong one as he is leaving a restaurant (police find the lookalike coat still there). Mistake of Fact is not a defense for strict liability crime