Defenses 1 Flashcards
Modern Accomplice Liability
Defendant is Principal their conduct is:
Person who commits the illegal act or who causes an innocent agent to do so.
Modern Accomplice Liability
Defendant Principal Liability:
Liable for principal crime
Modern Accomplice Liability
Accomplice (includes common law principal in the second degree and accessory before the fact)
Conduct:
Person who aids or encourages principal to commit the illegal conduct
Modern Accompliace Liability
Accomplice (includes common law principal and in the second degree and accessory before the fact.
Liability:
Liable for the principal crime if accomplice intended to aid or encourage crime
Modern Accompliace Liability
Accessory After the Fact
Conduct:
Person who aids another to escape knowing that they have committed a felony
Modern Accomplice Liability
Accessory After Fact
Liability:
Liable for separate, less serious crime of being an accessory after the fact.
Types of Defenses
Credibility of Evidence
Explanation:
Fact-based defense focused on calling into question the credibility of the prosecution’s evidence
Types of Defenses
Credibility of Evidence
Examples:
Misidentification
Witness lying/ bias
Types of Defenses
Government Misconduct
Explanation:
Can be question of law or fact-based argument for jury focused on the legality or thoroughness of the investigation.
Types of Defenses
Government Misconduct
Examples:
Entrapment
Prosecutorial Misconduct
Illegal search or seizure
Forensic errors
Types of Conduct
Sufficiency of the Evidence
Explanation:
Question of law challenging that the government has not presented evidence to prove each element of the offense beyond a reasonable doubt.
Types of Defenses
Sufficiency of the Evidence
Examples:
No proof of requisite mental state
(Mistake of fact/law)
No proof of completed act
Types of Defenses
Affirmative Defenses (Justification and Excuse)
Explanation:
Question of law not challenging that the elements of the offense have been met, but rather that a legal justification or excuse exists.
Types of Defenses
Affirmative Defenses (Justification and Excuse)
Examples:
Self-defense
Duress/ Necessity
Insanity
Intoxication
- The right to counsel (as well as the right to funding for experts)
- The right to confront witnesses against them; and
- The right to present a defense (including the right to present witness on their behalf.)
Constitutional rights of a criminal defendant
There is no requirement for the defense to present anything, defenses can be raised by cross-examining prosecution witnesses. True or False
True
The ______ _________ ____________ guarantees a defendant’s right to present a a defense - “the right to a fair opportunity to defend against the State’s accusations.”
Due Process Clause
When the exclusion of evidence “significantly undermines fundamental elements of the defendant’s defense,” it becomes _______________.
Unconstitutional
A trial court may ____________ a defendant’s evidence when their theory is unsupported, speculative, and far-fetched and could thereby confuse or mislead the jury.
exclude
The prosecution must establish the defendant’s identity as the perpetrator of the crime ____________.
Beyond a reasonable doubt.
The prosecution must establish the defendant’s identity as the perpetrator of the crime beyond a reasonable doubt. To that end, a common defense theory is that a
third party (all edged alternative perpetrator) actually committed the crime
Evidence that the third party had either motive or opportunity alone is too _________.
Speculative
Alibi means
Somewhere else
__________ requirements are designed to eliminate the surprise from alibi testimony at trial because the State cannot investigate alibi evidence until they know where the defendant claims to have been at the time of the crime.
Notice
The State knows it has to prove the defendant was present at the scene of the crime, so it should not be suprimes by evidence that the defendant was not at the scene. True or False
True
