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Please…. Log into Moodle and download the notes for today. AGENDA : 1:35 - 2:10: Notes on different types of defenses 2:10 – 2:15: Exit Slip Homework: No homework tonight OUTCOMES : List and discuss defenses for criminal charges ESSENTIAL QUESTIONS :

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  1. Please… • Log into Moodle and download the notes for today AGENDA: 1:35 - 2:10: Notes on different types of defenses 2:10 – 2:15: Exit Slip Homework: No homework tonight OUTCOMES: • List and discuss defenses for criminal charges ESSENTIAL QUESTIONS: • Do I feel these defenses are valid in court? • Can these defenses be abused?

  2. Defense • Proves the innocence of the defendant • 2 types of defenses: • Procedural Defenses • Substantive Defenses

  3. Procedural Defenses • Based on problems with the way evidence is obtained, or the way the accused person is arrested, questioned, tried, or punished. • Example: • A defendant who had confessed to a crime might assert the defense that he signed the confession only because he was threatened by the police, or that he was not told of his right to have a lawyer present. • Ignorance of the law is NOT a valid defense

  4. Substantive Defense • Defense that disproves, justifies, or excuses the alleged crime. • Examples: • Discredit the facts (proving that they were not present at the time of the crime) • Self – defense (the use of force that appears reasonably necessary to the victim to prevent death, serious bodily harm, kidnapping, or rape)

  5. Substantive Defense 3. Criminal Insanity (proving that the accused does not know the difference between right and wrong) -No criminal intent, no crime 4. Immunity (freedom from prosecution even when one has committed the crime charged) -One criminal may be granted immunity in exchange for the agreement to testify against other criminals

  6. Please.. • Finish your notes by answering the three questions on page 2 • UPLOAD to Moodle when you finish • Exit Slip • Please finish the Exit Slip on Moodle

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