criminal defenses Flashcards
Alibi Defense
- a person that can state the accused was not there when the crime took place
- alibi is presented at the time of arrest and has to create a statement saying where the accused was
Automatism
-Automastic is a person functioning qithout conious effort or control
Non-insane Automatism
-sleepwalking
insane
-mental illness that make you hallucianate
what does the judge have to prove when faced insane automatism
-the judge has to determine whether the individvual is a danger to society
what happens when facing non-insane autonmatism
-charges will be aqquitted
Battered woman syndrome
-became a legal defense during the 1990s due to the large recognition of abuse by the legal system
-danger has to be imminent to use self defense
- police will charge the abuser even if the abused person doestn want to
self defense
-can only use reasonable and necessary force
-the person actin in self defesne is not criminally responsible
-to plead self defense the accused must feel that the threat was serious and their actions were reasonable
Intoxication
-having an alcohol blood level over 80 milligrams in 100 miligrams of blood
Neccesity
-can be used as an excuse for a criminal act committed due to urgent circumstances
Duress
-similar to necessity to the extent where someone commits a crime to external pressure
ignore of the law and mistake of the fact
-seraching the internet for legal advice and seeking wrong information
-not an accepted defense
-mistake of the fact is a valid defense if it prevents the accused from having the required mens rea
-required to be a genuine mistake
Entrapment
-when a police ooficer encourages someone to commit a crime
-accused has to set up entrapment for it to be considered contrapment
Double jeopardy
-to be tried twice of the same offense
-sec. 11
Provoction
-accepted legal
defense taht can reduce a charge from murder to manslaughter
-wrongful act that is significant
-crime is done in the heat of passion
