| Cases and Resources
Chapter
11: Defenses
No Crime
Has Been Committed
Defendant Did Not
Commit the Crime
Defendant Committed a Criminal
Act, but the Act Was Excusable or Justifiable
Defendant Committed
a Criminal Act but Is Not Criminally Responsible for His or
Her Actions
No
Crime Has Been Committed
Homicide
Brings No Criminal Charges
Remember, as discussed in Chapter 8, in order to convict someone
of a crime, all of the elements of a crime must be proven. If
the defendant can show that an element was lacking and no crime
was committed, the defendant will not receive punishment. Read
this story of a man named Torris Harris, who was a victim of
homicide, but not in the legal sense.
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Did Not Commit the Crime
Jury
Instructions on an Alibi
Read the instructions given to a jury on how to consider whether
an alibi is truthful. What should a jury think about when
deciding if a defendant in a trial is accurately offering
evidence that he or she could not have committed the crime?
California
v. Markhasev
Read an article concerning the alibi defense of a criminal
defendant in the murder of Ennis Cosby, the son of actor-comedian
Bill Cosby.
DNA
Evidence
The defense that someone other than the defendant committed
the crime is often used. Some defendants use DNA to prove
whether they were physically present at the crime scene. Read
this article to learn more about the debate over whether DNA
is reliable evidence.
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Defendant
Committed a Criminal Act, but the Act Was Excusable or Justifiable
Common
Defenses to a Criminal Charge
A criminal defendant may admit to committing a crime, but
prove that the crime was excusable. Explore the types of defenses
a criminal defendant may use.
Battered
Women’s Syndrome
One of the theories put forth about an excusable criminal
act concerns the murder of an abusive partner by the abused
person. Read this article about what this syndrome means and
why some people believe victims of abuse may have a justification
or excuse for their crimes.
Commutation
of Battered Woman’s Sentence
Read the story of a California women released from prison
due to the fact that she was a battered woman. Do you agree
with Governor Davis’s reasoning for excusing her?
Protection
of Property and Reasonable Force
Read this explanation on the reasonable force allowed to protect
property. Deadly force is usually only allowed in cases where
an intrusion onto property also threatens the safety of a
person.
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Defendant
Committed a Criminal Act but Is Not Criminally Responsible for
His or Her Actions
Jury Instructions for the
Defense of No Criminal Responsibility
Read sample jury instructions, from Tennessee, on the elements
necessary to consider whether a criminal defendant may use an
intoxication
defense, an insanity
defense, an entrapment
defense, a duress
defense, or a necessity
defense.
Case
of Juvenile Criminal and the Infancy Defense
Examine this opinion in a case involving the age of criminal
responsibility. Is the age of responsibility rising or lowering?
At what age do you think juveniles should be fully responsible
for their crimes?
PBS:
Little Criminals
Some people believe that children should be treated differently
from adults, while others believe that certain children who
commit certain crimes should be treated the same as adults.
Explore these news stories and articles and decide how you
feel about the issue.
A
Closer Look at the Insanity Defense
This article answers some frequently asked questions about
the insanity defense and what happens to criminals who are
found not guilty due to insanity.
John
Hinckley and the Insanity Defense
John Hinckley, the man accused of attempting to assassinate
President Reagan, successfully argued he was not criminally
liable for his acts based on the insanity defense. Read an
explanation of the evidence Hinckley used.
The
Distinction Between Not Guilty by Reason of Insanity and Diminished
Capacity
Insanity and diminished capacity are both defenses available
to a criminal defendant. Take a closer look at how the two
defenses are different and when each may be used.
Opposition
to the Insanity Defense
There are some people who do not believe the insanity defense
should be available to criminal defendants. Read an article
describing this position and the reasons behind this belief.
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