Capt. Gen. Augusto Pinochet Criminal Investigation by Italian Prosecutor: Testimony
CRIMINAL LAW 2.4 CRIMINAL DEFENSES. Defenses For a conviction to occur in a criminal case, the...
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Transcript of CRIMINAL LAW 2.4 CRIMINAL DEFENSES. Defenses For a conviction to occur in a criminal case, the...
![Page 1: CRIMINAL LAW 2.4 CRIMINAL DEFENSES. Defenses For a conviction to occur in a criminal case, the prosecutor must establish beyond a reasonable doubt that.](https://reader036.fdocuments.us/reader036/viewer/2022082505/56649d985503460f94a82fc1/html5/thumbnails/1.jpg)
CRIMINAL LAW2.4 CRIMINAL DEFENSES
![Page 2: CRIMINAL LAW 2.4 CRIMINAL DEFENSES. Defenses For a conviction to occur in a criminal case, the prosecutor must establish beyond a reasonable doubt that.](https://reader036.fdocuments.us/reader036/viewer/2022082505/56649d985503460f94a82fc1/html5/thumbnails/2.jpg)
Defenses
For a 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. Defendants are not required to present a defense.
Defenses fall into the following categories: No crime has been committed Defendant did not commit the crime Defendant committed a criminal act, but the act was
excusable or justified Defendant committed a criminal act but is not criminally
responsible for his or her actions.
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“NO CRIME HAS BEEN COMMITTED”
Defendant must prove either (a) no crime was committed or (b) there was no criminal intent. Example: If Katie accidentally takes the
wrong Acura home, she can’t be convicted of car theft because she didn’t intend to steal the car.
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“THE DEFENDANT DID NOT COMMIT THE CRIME”
Assuming the crime has been committed, but the defendant did not commit it, they must present an alibi: evidence that the defendant was somewhere else at the time the crime was committed.
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“THE DEFENDANT COMMITTED A CRIMINAL ACT, BUT THE ACT WAS EXCUSABLE OR JUSTIFIED”
Defenses for this category include:
Self-Defense: a person has the right to use reasonable force in self-defense. There must be a threat of imminent danger of bodily harm. The defender can not continue to use force after the attacker has been stopped.
Defense of Property or Others: a person has the right to defend another person from an attack about to occur or to use reasonable, nondeadly force to protect property.
![Page 6: CRIMINAL LAW 2.4 CRIMINAL DEFENSES. Defenses For a conviction to occur in a criminal case, the prosecutor must establish beyond a reasonable doubt that.](https://reader036.fdocuments.us/reader036/viewer/2022082505/56649d985503460f94a82fc1/html5/thumbnails/6.jpg)
“THE DEFENDANT COMMITTED A CRIMINAL ACT BUT IS NOT CRIMINALLY RESPONSIBLE FOR HIS OR HER ACTIONS.”
Infancy: children under a specific age shall not be tried for their crimes but shall be turned over to juvenile court.
Intoxication: defendants can claim that at the time of a crime, they were too intoxicated to know what they were doing. Voluntary intoxication is usually not a defense.
Insanity: people who have a mental disease or defect should not be convicted if they don’t know what they’re doing or don’t know if it’s right or wrong.
![Page 7: CRIMINAL LAW 2.4 CRIMINAL DEFENSES. Defenses For a conviction to occur in a criminal case, the prosecutor must establish beyond a reasonable doubt that.](https://reader036.fdocuments.us/reader036/viewer/2022082505/56649d985503460f94a82fc1/html5/thumbnails/7.jpg)
“THE DEFENDANT COMMITTED A CRIMINAL ACT BUT IS NOT CRIMINALLY RESPONSIBLE FOR HIS OR HER ACTIONS.”
Entrapment: the defendant committed a criminal act but claims he or she was induced to commit the crime by a law enforcement officer. It must be proven that the defendant would not have committed
the crime if it weren’t for the inducement of the police officer.
Duress: the defendant committed the crime as a result of coercion or a threat of immediate danger to life or personal safety.
Necessity: the defendant committed a crime because they were compelled to react to an unavoidable situation in order to protect life.
![Page 8: CRIMINAL LAW 2.4 CRIMINAL DEFENSES. Defenses For a conviction to occur in a criminal case, the prosecutor must establish beyond a reasonable doubt that.](https://reader036.fdocuments.us/reader036/viewer/2022082505/56649d985503460f94a82fc1/html5/thumbnails/8.jpg)
“THE DEFENDANT COMMITTED A CRIMINAL ACT BUT IS NOT CRIMINALLY RESPONSIBLE FOR HIS OR HER ACTIONS.”
Prevention of Crime: law enforcement officials can claim this defense, which allows them to violate the law if they do so reasonably.
Diminished Capacity: the defendant can claim that they are not insane, but suffer from a mental impairment that makes them unable to formulate the required intent for a particular defense. Usually used to lower charge from first-degree to
second-degree murder.