Criminal Defense

Question 1

Excuse defense: insanity

Answer 1

A defendant has incapable of forming criminal intent because he/she suffers from a defect of reason or mental illness
(Just because you suffer from a mental illness does not mean you qualify for this excuse)

Question 2

Excuse defense: intoxication

Answer 2

(In general not a valid defense)

If intoxication is result of an accident or duress, then it is an excuse.

Question 3

Excuse defense: age

Answer 3

If if the person is too young to understand the gravity of their actions/behavior, you can use it as a defense.
(7 is typically the cut off age)

Question 4

Justification defenses: consent

Answer 4

A person may not be convicted of a crime if the victim consented

Question 5

Justification defenses: self defense

Answer 5

Defendant has to prove that they acted under a reasonable belief that they were in danger (death or serious injury)
Use force accessible that only prohibits personal harm.
Requires a retreat( or an attempt)

Question 6

Justification defense: stand your ground

Answer 6

You kill an intruder in your home.
Some states allow you “stand your ground “ even in public if a forcible felony is occurring
Larceny,rape,robbery,assault

Question 7

Justification defenses: entrapment

Answer 7

Claim that law enforcement used traps,decoys,and deception to entice criminal activity
Police allowed to set traps,but not to entice people to fall for them.
Not allowed to coerce confession

Question 8

Justification defense: duress

Answer 8

Defendants have to prove they were forced into committing crime

Question 9

Justification defense: necessity

Answer 9

At the time of the crime, they had no other choice

Question 10

Excuse defense: ignorance/mistake

Answer 10

Try to say actions were a mistake or they didn’t know(ignorance)
(In general claiming to be ignorant of law,doesn’t work)