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Category 3
- Criminal act committed, but excused or justified.
- Examples: self-defense, defense of property, defense of others
- Force must be reasonable under the circumstances
- Roles may reverse
- "Make My Day!" laws
Category 2
Category 3
- "I didn't do it, someone else did."
- Alibi: Latin word meaning "elsewhere;" an excuse or plea that a person was somewhere else at the time a crime was committed
- DNA evidence
- Criminal act committed, but defendant is not responsible for actions
- Examples
- infancy-too young to form criminal intent
- intoxication-generally not a defense
- insanity-two "formulas" p. 130
- entrapment-difficult to prove
- duress-acting under threat; NOT a defense to homicide
- Necessity-compelled to act to protect life
Defenses
Category 1
Burden of Proof
The defendant does not have to present a defense, but if he or she does, there are a number of possible defenses available.
- No crime has been committed
- Act was not a crime
- No criminal intent existed
- Example: no intent to steal (took by mistake)
To win a conviction in a criminal case, the prosecutor must prove beyond a reasonable doubt that the defendant committed the crime with the required intent.
Defenses
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