Chapter 5 Notes - Criminal Defenses, Part 1 PDF

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Chapter 5 Notes - Criminal Defenses, Part 1...

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Chapter 5 Notes – Criminal Defenses, Part 1            

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5.1 Criminal Defenses Defenses may completely exonerate criminal defendant resulting in acquittal or reduce severity Categorization of Defenses Categorized as: denial or failure of proof, affirmative, imperfect, perfect Categorized as: factual, legal, based on justification, or excuse Can be created by a court (common law) or created by a state/federal legislature (statutory) Definition of Denial or Failure of Proof and Affirmative Defenses Criminal defendant will be acquitted if prosecution cannot prove every element of offense beyond reasonable doubt Denial/Failure of Proof Defense – defendant can either deny that a criminal element exists or wait for the prosecution to fail in meeting its burden of proof Affirmative Defense – defendant raises a new issue that must be proven to a certain evidentiary standard o Not connected to prosecution’s burden of proof Some statutes define whether defense is affirmative Model Penal Code defines affirmative defense as defense deemed affirmative in Code or separate statute or that involves matter of excuse/justification peculiarly within knowledge Must assert any affirmative defense before or during trial or defense cannot be used for appeal Burden of Proof for Affirmative Defenses States vary in requirements for defendant’s burden of proof when asserting affirmative defense Some states require defendant to meet burden of protection & require prosecution to meet burden or persuasion, disproving defense to preponderance of evidence or beyond reasonable doubt o Other states require defendant to meet burden of protection & burden of persuasion Definition of Imperfect and Perfect Defenses Imperfect Defense – defense reduces the severity of the offense Perfect Defense – defense results in an acquittal Defendant successful with imperfect defense still guilty of crime, defendant successful with perfect defense is innocent Definition of Factual and Legal Defenses Factual Defense – defense based on an issue of fact Legal Defense – defense based on an issue of law Alibi Defense – defense based on being in another place Definition of Justification and Excuse Justification/Excuse – admit that defendant committed the criminal act with the requisite intent but insist that the conduct shouldn’t be criminal Justification focuses on the offense; says conduct should be legal because supports principle valued by society Excuse focuses on defendant; even though committed act with criminal intent, shouldn’t be responsible for behavior Self-defense claim is justification in light of circumstances Insanity claims are excuses about whether they should be criminally responsible for conduct

Defense Type

Characteristics

Common-law Statutory Denial or failure of proof Affirmative Imperfect Perfect Factual Legal Alibi Expiration of the statute of limitations Justification Excuse

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Created by a court Created by a state or federal legislature Creates doubt in 1+ elements of the offense and prevents the prosecution from meeting its burden of proof Raises an issue separate from the elements of the offense Reduces the severity of the offense Results in acquittal Based on issue of fact Based on an issue of law Asserts that the defendant was somewhere else when the crime was committed Asserts that it is too late for the government to prosecute the defendant for the crime Claims that the criminal conduct is justified under the circumstances Claims that the defendant should be excused for their conduct

5.2 Self Defense Self-Defense – the right to use reasonable force to protect oneself or members of the family from bodily harm or one’s property from the attack of an aggressor if the defender believes they are in danger Can be defense to assault, battery, criminal homicide because always involves use of force In most states, statutory defense but can be modified or expanded by courts case-by-case Most states have special requirements when defendant uses deadly force in self-defense Deadly Force – any force that could potentially kill o Individual doesn’t have to die for force to be considered deadly Can operate as perfect or imperfect defense depending on circumstances Defendant must prove 4 elements: (1) unprovoked attack, (2) threat of injury/death imminent, (3) degree of force used was reasonable in circumstances, (4) objectively reasonable fear Imminent – about to happen or occur Model Penal Code defines self-defense as justifiable when person believes force necessary for purpose of protecting self against use of unlawful force by other person on present occasion Provocation If defendant initiates attack against another, cannot claim self-defense Two exceptions: (1) if attacked individual responds with excessive force under circumstances, (2) if defendant withdraws from attack & attacked person persists Excessive Force Exception In some jurisdictions, person cannot respond to defendant’s attack using excessive force under circumstances o Ex. person cannot use deadly force if attacker uses nondeadly force If individual resorts to deadly force with nondeadly force attack, defendant can use reasonable force in self-defense Withdrawal Exception In some jurisdictions defendant can be initial aggressor & use force in self-defense if defendant withdrawal from attack, communicates withdrawal & attacked individual persists Imminence Defendant cannot use any degree of force in self-defense unless faced with imminent attack

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If threatened with future attack, response is to inform law enforcement so can arrest or prosecute Imminence lacking when attack occurred in past o Remedying previous attack is retaliatory & self-defense claim not appropriate Some states expanded to include domestic violence but not all states Battered Wife Defense – defense where there is an imminent harm every day because of domestic abuse o Can legally use force against abuser in self-defense were harm not necessarily immediate Proportionality Cannot claim self-defense unless degree of force used is objectively reasonable under circumstances Primarily focuses on use of deadly force & when legally justified Deadly force can be used when reasonable person feels threatened with imminent death, serious bodily injury, serious felony (some jurisdictions) Model Penal Code states deadly force not justified unless actor believes necessary to protect self against death, serious bodily harm, kidnapping, sexual intercourse compelled by force or threat Duty to Retreat Early common law stated that defendant had duty to retreat to the wall before using deadly force Majority of states have rejected doctrine & allow defendant to stand their ground if not initial aggressor in confrontation Stand Your Ground Rule – legal right in some states to use deadly force in the face of deadly force rather than to flee In jurisdictions that follow retreat doctrine defendant must retreat if objectively reasonable belief that attacker will cause death or serious bodily injury & retreat won’t increase likelihood Castle Doctrine – defense of the home allowing a person the use of deadly force while protecting their place of abode, its premises, and its inhabitants from attack o Exception to retreat doctrine Objectively Reasonable Fear of Injury or Death Cannot claim self-defense unless reasonable person would believe self-defense necessary to avoid injury/death Imperfect Self-Defense – if defendant honestly but unreasonably believes self-defense is necessary under the circumstances o May reduce severity of offense but defendant still guilty of crime 5.3 Other Use-of-Force Defenses Defendant can use force to defend another person, property, and habitation Law enforcement can use force to arrest or capture individuals who reasonably appear to be committing crimes Defenses can be statutory, common-law, perfect, or imperfect depending on facts & jurisdiction Defense of Others Early common law stated defendant could use force to defend another only if special relationship o Most jurisdictions now reject & say can defend anyone to same degree as self-defense Requires same elements as self-defense Majority of states allow defendant to use force to defend another person if reasonably appears that use of force justified under circumstances If defendant has subjective belief that person defended could use force legally in self-defense, defense of others appropriate under Model Penal Code

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Defense of Property All jurisdictions allow people to use force in defense of property under specified circumstances Real Property – land and anything permanently attached to it Personal Property – any movable object Can use force only if belief that imminent threat of damage, destruction, theft will occur If subjective belief that force immediately necessary to protect real/personal property, force appropriate under Model Penal Code Amount of force that defendant may legally use is reasonable force under circumstances Defendant can chase someone who steals personal property and take item back Most states & Model Penal Code do not authorize use of deadly force to protect property other than home under any circumstances Ejection of Trespasser Property owners have legal right to eject trespassers under certain specified circumstances Most states authorize if trespasser first asked to leave & fails to comply within reasonable time o After, can use reasonable force under circumstances Deadly force never reasonable unless trespasser threatens imminent deadly force against defendant or another person o Deadly force justified by self-defense or defense of others, not ejection of trespasser Defense of Habitation Defense of Habitation – defense that applies specifically to the defendant’s residence Early common law said could use deadly force to protect o Majority of states use castle doctrines to embody common-law doctrine Generally follows same rules as defense of property, self-defense, and defense of others 1st state to expand defense of habitation to include deadly force was Colorado with “make my day” self-defense statute 2005 Florida made waves of castle law modifications that had most states revising own laws 3 elements present before use of deadly force appropriate: (1) intruder must enter or be in process of entering, (2) residence must be occupied when entry occurs, (3) defendant must have objectively reasonable belief that intruder intends to commit crime of violence against occupants o Excludes intruders outside curtilage Curtilage – protected area around the home Majority of states’ castle laws abolish any duty to retreat when inside home Prosecution must disprove defendant’s reasonable belief of death/bodily injury beyond reasonable doubt Immunity From Prosecution – defendant who complies with castle law requirements cannot be sued for damages or prosecuted for a crime based on injury or death to the intruder Use of Force in Arrest and Apprehension of Criminal Suspects Appropriate use of force during arrest/apprehension can operate as defense to assault, battery, false imprisonment, kidnapping, criminal homicide Early common law, law enforcement could use reasonable nondeadly force to arrest for misdemeanor & reasonable deadly force to arrest for any felony o Modern law enforcement ability to use deadly force is governed by US Constitution Tennessee v. Garner (1985) court invalidated statute that allowed law enforcement to exercise any degree of force to apprehend & arrest fleeing felon Only way law enforcement can use deadly force to arrest/apprehend felon is when probable cause to believe suspect poses significant threat of death/serious physical injury to self or others

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If officer exceeds use of force permitted under circumstances, officer could be prosecuted for crime or sued for civil damages 5.4 Defenses Based on Choice Occasionally law protects defendant from criminal responsibility when defendant has no choice Choice of Evils Defense Choices of Evils Defense – protects defendant from criminal responsibility when defendant commits a crime to avoid a greater imminent harm o Also called necessity defense Can be statutory or common-law, perfect or imperfect, depending on jurisdiction Requires 3 elements: (1) more than one harm that will occur under circumstances, (2) harms must be ranked with one more severe, (3) defendant must have objectively reasonable belief that greater harm imminent & can only be avoided by committing crime that results in lesser harm o Harms are product of nature or circumstances beyond defendant’s control o Ranking is up to legislature or common law Rarely used & generally only defense to loss or destruction of property The Duress Defense Choice of evils defense sometimes called duress defense Duress Defense – choice of evils is deliberately brought on by another individual Three elements required: (1) defendant or another person must face threat of imminent serious bodily injury/death, (2) defendant must have objectively reasonable belief that only way to avoid is to commit crime, (3) crime cannot be criminal homicide (most jurisdictions) Rarely used, can be common-law or statutory, perfect or imperfect depending on jurisdiction 5.5 Consent Can form basis of justification defense to criminal conduct Most commonly used as defense to sex crimes & lack of consent is criminal element Can be statutory or common-law, perfect or imperfect depending on jurisdiction Elements of the Consent Defense Can be valid defense to crime only if victim chooses to render it Most be proferred knowingly and voluntarily or ineffective Ineffective if given by person legally incompetent to authorize conduct, person of youth, mental disease or defect, intoxication, induced by force, duress, or deception Not knowing if given by youth, mentally incompetent, or intoxicated Not voluntary if induced by force, threat of force, or trickery Situations Where Consent Can Operate as a Defense In most jurisdictions can operate only as defense to sexual conduct, injury during sports, and crimes not resulting in serious bodily injury/death...