1 / 10

Defenses Against Criminal Charges

Defenses Against Criminal Charges. Criminal Law & Procedure Mike Brigner. Resources. Text Chapter 7 See Defenses Chart, pp. 256-258. 1st Amendment: religion, speech, assembly 4th Amendment: search & seizure 5th Amendment: due process, double jeopardy, no self incrimination.

gardenia
Télécharger la présentation

Defenses Against Criminal Charges

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Defenses Against Criminal Charges Criminal Law & Procedure Mike Brigner

  2. Resources • Text Chapter 7 • See Defenses Chart, pp. 256-258

  3. 1st Amendment: religion, speech, assembly 4th Amendment: search & seizure 5th Amendment: due process, double jeopardy, no self incrimination Constitutional Defenses

  4. 6th Amendment: speedy & public trial, confront witnesses, counsel, subpoena witnesses Right to counsel is rationale for “Miranda Rights” (Miranda v. Arizona, 384 U.S. 436 (1996)) 7th Amendment: right to jury trial 8th Amendment: bail & punishment Constitutional Defenses

  5. Missing Elements • Reasonable doubt as to any element of the charge • Missing ACT • Act was involuntary • Missing body • Alibi - SODDI defense - “I wasn’t even there - my Mom will tell you that” • Missing MENTAL INTENT • Diminished Capacity • Consent • Mistake of Fact • NOT Mistake of Law

  6. Justification Defenses • “I did it, but” = justification • Self-defense (but may be duty to retreat) • Defense of others • Battered women’s syndrome • Defense of property • Public duty

  7. Justification: Public Duty • Society restricting use of deadly force to arrest suspects • Danger to bystanders • Balance likely harms • Society restricting high-speed chases to apprehend offenders

  8. Excuse defenses • Affirmative defense: “I did it but I’m not responsible” • Duress • Necessity • Entrapment (by gov’t inducement) BUT: Was defendant already involved in the crime? • Burden of proof: On the defendant

  9. Excuse defenses • Insanity: R.C. 2901.01 (A)(14) and 2901.05 - Mental disease/defect prevented accused from knowing conduct wrong at the time of the conduct • Burden of proof: On Defendant in Ohio, & standard is preponderance of evidence • Competence to stand trial is separate issue. Not a defense, but mental state at the time of trial

  10. Defenses Against Criminal Charges Concluded Thank you

More Related