LAW, Chapter 11- Defenses

During criminal proceedings, the defendant's mental state can be an issue in determining what 3 things?

1. whether the defendant is competent to stand trail 2. whether the defendant was sane at the time of the criminal act 3. whether the defendant is sane after the trial

Since when did courts excuse unstable mentally offenders?

14th Century

What ages were presumed incapable of committing a crime and could this be shown wrong?

7 - 14 ; yes

What can other states do to state the verdict?

A judge/jury exercise discretion, sometimes in separate hearing, to determine commitment of the accused.

What are the 2 ways a criminal act can be considered?

1. Excusable 2. Justifiable - self-defense - attacking, to protect another

What do most states, what are the 3 possible verdicts?

1. Guilty 2. Innocent 3. Not guilty by reason of insanity (must go to a mental institution, in some states)

What are the 3 ways a defendant can commit an act, but not criminally responsible?

1. Infancy 2. Intoxication 3. Insanity

The defendant can present evidence to show either what of two things?

1. No crimes were committed - carry a gun, but has license - did not commit rape because legal of age and consent 2. No criminal intent - take coat, mistakingly = innocent of charge of larceny, if honest and reasonable mistake

Explain the entrapment defense.

Applies when the defendant admits committing a criminal act but claims they were induces or persuaded by a law enforcement officer. No entrapment when opportunity to commit crime, but it can be used if the defendant would not have committed the act if it wasn't for the inducement. Difficult to prove and not be claimed as a defense to crimes involving serious physical injury (rape or murder).

What do most states provide for children?

Children under a specific age shall not be tried for their crimes, but shall be turned over to the juvenile court.

What must a prosecutor do in order for a conviction to occur in a criminal case?

Establish beyond a reasonable doubt that the defendant committed the act in question with the required intent.

What is an alibi?

Evidence used to prove that the defendant was somewhere else at the time the crime was committed.

What is the new verdict some states have come up with?

Guilty but mentally ill. About 1/3 of states have this verdict. These accused can be sent to a hospital and later transferred to a prison after recovered.

How can insanity delay proceedings?

If the accused is insane at the time of trial. BUT: Insanity during or after the trial.

When can the insanity defense apply?

If the accused was insane at the time of the crimianl act.

When can intoxication be a valid defense?

If the crime requires proof of a specific mental state. i.e. can prove that so drunk, he could not form the intent to kill --> intent to kill: can use defense of intoxication --> crime of assault: cannot i.e. if he decided to kill before drunk OR got drunk to get up enough nerve = intoxication will not work ( required mental state/intent to kill existed before)

What did the Romans and Greeks believe about insanity?

Insane people are not responsible for actions and should not be punished like ordinary criminals.

What does a one eight-state study show about the insanity defense?

It has been seldom used = in 1% of criminal cases. And successful about 25% of the time.

What is the basic idea of insanity and how many states/ federal governments use this standard?

Mentally disabled people should not be convicted if they don't know what they're doing or don't know the difference between right or wrong. About 1/2

How can a defendant prove insanity?

Must have evidence of a mental defect or disease (Psychiatrists are the one to give a testimony). The defense and the prosecution are often in conflict ; up to judge or jury to decide.

Is voluntary intoxication a valid defense to a crime?

NO

What is the defendant not required to do?

Present a defense, but can force the government to prove its case.

DEFENDANT COMMITTED A CRIMINAL ACT, BUT NOT CRIMINALLY RESPONSIBLE?

Some defenses can be the result of lack of responsibility.

What is 'duress.'

Somebody does something as a result of coercion or threat of immediate danger to life or personal safety (a person can lack the ability to exercise free will). i.e. gun @ head = you steal money = can use defense to protect from prosecution of theft i.e. NOT a defense to homicide

What is 'necessity.'

Somebody is force dot react to a situation that is unavoidable in order to protect life. i.e. on lifeboat = cargo in danger of sinking = throws cargo overboard = necessity is good defense to a charge of destruction of property. i.e. NOT a good defense to homicide

Explain how a person can use self-defense?

Someone who reasonably believes there is danger of bodily harm and cannot use more force than appears to be necessary.

When can 'deadly force' be used?

Someone who reasonably believes there is danger of death or serious bodily harm.

When to used 'deadly' or 'non deadly' force.

To defend a third person if the person defended is allowed to claim self-defense.

When can 'reasonable non deadly force' be used?

To protect property. Some states have 'make my day' laws --> give people right to use deadly force to defend their property.

Explain intoxication.

The defendant at the time of the crime were so drunk on alcohol or so high on drugs that they did not know what they were doing.

What do underage children have?

The defense of infancy.

What three states have abolished the insanity defense?

Utah, Montana, and Idaho. According to polled information, most Americans believe that it has been successfully used for heinous criminals.

Has there been controversy over the insanity defense?

YES