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Defenses

Defenses. Who’s Job? . Prosecution has burden of proof to show defendant is guilty Defendant has the right to present a defense, but is not forced to . No Crime/Alibi. Alibi: evidence D was somewhere else when crime was committed DNA: recently used to exonerate wrongful convictions

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Defenses

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  1. Defenses

  2. Who’s Job? Prosecution has burden of proof to show defendant is guilty Defendant has the right to present a defense, but is not forced to
  3. No Crime/Alibi Alibi: evidence D was somewhere else when crime was committed DNA: recently used to exonerate wrongful convictions No intent: reasonable mistake made (taking the wrong purse)
  4. Act was Justifiable Self-defense (self-protection in DE): immediate danger, no escape route, protecting against death or serious harm Defense of property: when an intrusion occurs in the home; usually non-deadly force Defense of others: Good Samaritan Law
  5. Not Criminally Responsible Infancy: under 7yrs -> juvenile court Under 14 usually sent to juvenile also Intoxication: not a defense Can show specific mental state to avoid harsher sentence Insanity: don’t know what happened, didn’t know it was wrong Only applicable if D was insane at time of crime
  6. Entrapment Law-enforcement officer persuaded D to commit crime
  7. No way out! Duress: D commits crime b/c of coercion or immediate threat to life or safety Not applicable to homicide Necessity: D is compelled to act in order to protect life Not applicable to homicide
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