Anaya Nolan
There are several common legal defenses that can be used to contest criminal charges in the United States. The prosecution must prove guilt beyond a reasonable doubt, and the defense never has to prove innocence. Some common defenses include self-defense, duress, entrapment, consent, abandonment, insanity, intoxication, and mistake. While these defenses are commonly used, they may not always be successful, and the outcome of a case depends on its unique circumstances.
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What You'll Learn
Insanity
The insanity defense, also known as the mental disorder defense, is a legal argument in a criminal case that asserts that the defendant is not responsible for their actions due to a psychiatric disease or mental incompetence at the time of the criminal act. This is often referred to as lacking a "guilty mind" or mens rea.
The insanity defense takes different forms in different jurisdictions, with variations in availability, definition, burden of proof, and the role of judges, juries, and medical experts. In jurisdictions with jury trials, the jury typically decides on the sanity of the accused. An important distinction is the difference between competency and criminal responsibility. Competency deals with the defendant's present condition and their ability to assist their attorney and make informed decisions about the trial strategy. Criminal responsibility, on the other hand, addresses the defendant's condition at the time the crime was committed.
The M'Naghten Rule, which originated in the United Kingdom, is a significant standard in the insanity defense. It states that a defendant is deemed insane if, at the time of committing the act, they were labouring under a defect of reason or a disease of the mind that prevented them from knowing the nature and quality of their actions or from understanding that their actions were wrong. This rule was widely adopted in the United States for over a century until the mid-20th century. Other notable standards include the Durham Rule, the 1953 British Royal Commission on Capital Punishment report, and the ALI rule (American Law Institute Model Penal Code rule).
The use of the insanity defense has been controversial and has undergone reforms. The case of John Hinckley, who was acquitted of the attempted assassination of President Ronald Reagan due to insanity, led to significant changes. Many states shifted the burden of proof to the defense, requiring them to demonstrate insanity by clear and convincing evidence. Some states, such as Idaho, Kansas, Montana, and Utah, eliminated the insanity defense altogether, opting instead for a "guilty but insane" verdict, which results in psychiatric institutionalization instead of prison.
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Intoxication
Voluntary intoxication refers to the intentional consumption of any beverage, drug, or other substance that the individual knows can lead to intoxication. The law holds individuals responsible for their actions, including the decision to drink or take drugs, and therefore, they will be held to a different standard than if they were involuntarily intoxicated. In cases of voluntary intoxication, individuals will be held primarily responsible for their actions and are less likely to prevail with an intoxication defense. However, voluntary intoxication can still be used as a defense in specific intent crimes when the defendant argues that their intoxication prevented them from forming the intent necessary for the crime. For example, a defendant may argue that they became violent as a result of voluntary intoxication and were thus unable to form the intent to cause harm. It is important to note that evidence of voluntary intoxication cannot be brought to negate or lessen a charge due to the inability to form the mental state of the crime charged. Instead, it may result in a reduction in the charge, such as from murder to manslaughter.
Involuntary intoxication occurs when an individual is forced or tricked into becoming intoxicated. This can include unknowingly consuming something that reacts with medication or being pressured to drink too much. Involuntary intoxication is frequently used successfully as a legal defense. If someone is involuntarily intoxicated, it is likely that criminal charges can be dismissed, even in cases of specific intent, because their judgment was affected by drugs or alcohol.
It is important to note that the use of intoxication as a legal defense varies across different states in the US. For example, Delaware does not permit the defendant to admit any evidence of voluntary intoxication, while California allows defendants to raise voluntary intoxication only in cases of specific intent crimes.
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Self-defence
In the United States, the general rule is that a person is allowed to use such force as is reasonably necessary to defend themselves against an apparent threat of unlawful and immediate violence from another. In cases involving non-deadly force, this means that the person must reasonably believe that their use of force was necessary to prevent imminent, unlawful physical harm.
When the use of deadly force is involved, the person must reasonably believe that their actions are immediately necessary to prevent the infliction of great bodily harm or death. The use of deadly force is also permitted in a minority of states and under the common law rule if the individual cannot safely retreat, or if the incident occurs in their home.
It is important to note that the right to self-defence is not absolute. For example, initial aggressors and those involved in mutual combat lose the right to act in self-defence. However, an initial aggressor who abandons the combat may be able to regain the right to self-defence, particularly if the other party responds with excessive force.
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Duress
For the defense of duress to be valid, the defendant must establish that a reasonable person in their position would also have committed the crime. The threat must be present and specific to the situation, and the defendant must show that they had no alternative but to commit the crime. For example, if someone points a gun at the defendant, this would meet the requirement of a present threat. However, if the defendant had the option to escape the threat without committing a crime, such as leaving the area, the defense of duress would not apply.
It is important to note that duress is generally not a defense for murder or other serious crimes. While a few states may reduce murder charges to manslaughter in cases of duress, most states find that killing someone to avoid being killed is not a sufficient excuse for homicide. Additionally, a defendant cannot claim duress if they were responsible for creating the situation that resulted in the threat.
In summary, the defense of duress can be successful if the defendant can prove that they faced a present and reasonable threat of harm, had no alternative but to commit the crime, and were not at fault for creating the threatening situation. However, duress is typically not applicable in cases of murder or other serious crimes.
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Entrapment
For entrapment to be claimed, the defendant must establish that the idea and motivation for the crime originated with government officials, and that they were not already willing to commit the crime. This defense can only be used when a government official, such as an FBI agent or police officer, is involved, and not with private individuals.
Some examples of entrapment include an undercover law enforcement officer threatening a defendant with punishment if they do not commit a crime, or continuously harassing the defendant to commit a crime even when they show no interest. These scenarios go beyond simply providing an opportunity to commit a crime and involve coercion by law enforcement to force the criminal act.
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Frequently asked questions
Some common law defenses include self-defense, duress, entrapment, consent, abandonment, insanity, intoxication, and mistake.
A common misconception is that "I was just following orders" is a valid defense, but this is not the case. Similarly, "I didn't know it was illegal" is typically not a successful defense, as ignorance of the law is not an excuse.
A successful defense strategy may involve presenting evidence that the defendant was elsewhere at the time of the crime (an alibi) or demonstrating that they lacked the mental capacity to understand the consequences of their actions.
