Cecily Zamora
When a defendant goes on trial, they can use a variety of strategies to defend themselves. These include self-defence, entrapment, insanity, necessity, and more. Affirmative defences are those that raise an issue separate from the elements of the crime, such as alibi defences, where the defendant proves they were somewhere else when the crime occurred. Factual defences are based on issues of fact, while legal defences are based on issues of law. For example, a legal defence could be claiming that the statute of limitations has expired, meaning it is too late for the government to prosecute. In this case, the defendant must introduce evidence that, if found credible, will negate criminal liability. This is not a common-law defence used for a trial.
| Characteristics | Values |
|---|---|
| Type of defense | Affirmative defense, Factual defense, Legal defense |
| Burden of proof | Prosecutor must establish guilt beyond a reasonable doubt |
| Defendant's strategy | Poke holes in the prosecutor's case, Argue that someone else committed the crime, Present an alibi, Prove innocence, Argue mistaken identity, Argue that no crime was committed, Argue entrapment, Argue constitutional violation |
| Specific defenses | Self-defense, Defense of others, Duress, Necessity, Insanity, Voluntary intoxication, Mistake of law/fact, Abandonment/withdrawal |
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Insanity defence
The insanity defence, also known as the defence of mental illness, is based on the idea that certain mental diseases or defects can interfere with an individual's ability to form mens rea, or guilty mind, as required by the law. This defence has existed since ancient Greece and Rome, where it was used to provide a defence for those with mental disorders.
The insanity defence is an affirmative defence, meaning it raises an issue separate from the elements of the crime. It is a defence of excuse, and the defendant bears the burden of proof. In other words, the defendant must prove that they were insane at the time of the crime, which can be difficult to establish.
The most well-known standard for the insanity defence is the M'Naghten Rule, which originated in Britain in 1843. The rule states that a defendant is deemed insane if, at the time of the act, they had a mental disease or defect that interfered with their ability to understand the nature and quality of their actions. Alternatively, if they did understand their actions, they did not know that they were wrong. This rule was adopted in the United States and became the standard for insanity in many states.
In contrast to the M'Naghten Rule's focus on cognition, the "Irresistible Impulse" test focuses on the volitional components of insanity. This test acknowledges that some defendants may understand the wrongfulness of their actions but are incapable of self-control due to a mental disease or defect.
The insanity defence is not static and has evolved over time within the greater cultural context. For example, the shooting of Ronald Reagan led to a narrowing of who could qualify for the defence and the standards they should be examined against. Additionally, the legislative scheme in Canada has replaced the old insanity defence with a current mental disorder defence, where a person found not criminally responsible will have a hearing by a Review Board.
It is important to note that the insanity defence is distinct from the defence of incompetence to stand trial. A defendant may be deemed incompetent if they are incapable of rationally communicating with their attorney or comprehending the nature of the proceedings against them. However, as long as a defendant is deemed incompetent, the insanity defence is moot, as the defendant cannot stand trial.
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Self-defence
In the United States, the general rule is that a person may use such force as is reasonably necessary to defend themselves against an apparent threat of unlawful and immediate violence from another. This means that the person must reasonably believe that their use of force is necessary to prevent imminent, unlawful physical harm. The act of self-defence must be proportionate to the danger, and the person cannot be the initial aggressor. For example, in New York Penal Law, self-defence is justified when someone reasonably believes it is necessary to defend themselves or others against the use or threatened use of "unlawful physical force".
In cases involving deadly force, self-defence consists of two elements: firstly, that the accused reasonably believed that death or grievous bodily harm was about to be inflicted upon them; and secondly, that the accused believed that the force they used was necessary for protection against this harm. This is supported by the case of United States v. Hasan, where an individual had a right to self-defence when they reasonably believed that death or grievous bodily harm was about to be inflicted upon them, and they believed that the force they used was necessary for protection.
It is important to note that the right to act in self-defence is not absolute. Initial aggressors and those involved in mutual combat may lose this right. However, an individual who starts an affray may still be entitled to use self-defence if the opposing party escalates the level of conflict. Additionally, in some jurisdictions, there is an imperfect self-defence rule, where an individual who mistakenly believes they were justified in using deadly force may have a murder conviction reduced to manslaughter.
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Entrapment
For entrapment to be used as a defense, there must be evidence of inducement, which can include persuasion, mild coercion, pleas based on need or sympathy, or deception. Simply soliciting someone to commit a crime is not enough to prove inducement. The key question is whether the defendant was an "unwary innocent" or an "unwary criminal." In other words, was the defendant already predisposed to commit the crime? If so, this could disqualify the entrapment defense, even if other factors, such as intent, are not present.
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Mistake of law/fact
Mistake of fact and mistake of law are both valid legal defences that a defendant may use to challenge certain criminal charges. These defences are based on the concept that the defendant acted based on an honest mistake, meaning they lacked the required mental state, or mens rea.
Mistake of fact arises when a criminal defendant misunderstands some fact that negates an element of the crime. For instance, a defendant charged with larceny may argue that they mistakenly believed the victim had given them the property, or that they had a right to the property. Mistake of fact can be applied to a variety of criminal activities, and it is a defence that the defendant did not have the criminal intent to commit a crime due to a misunderstanding regarding a particular fact. The two key factors for mistake of fact are that the mistake was reasonable and that the mistake negated the required mental state.
Mistake of law, on the other hand, is a defence that applies when a criminal defendant misunderstood or was ignorant of the law as it existed at the time. This defence is rarely allowed as a full defence to criminal conduct, and the onus is generally placed on individuals to be aware of the laws of their state or community. Mistake of law can be used as a defence in limited circumstances, such as when a defendant relied upon a law or statute that was later overturned or deemed unconstitutional, or when the defendant relied on an interpretation by an applicable official.
Both defences must be reasonable under the circumstances and made in good faith to have a chance of success.
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Constitutional violation
A criminal defendant is entitled to present a defense and may do so through a variety of means. One such defense strategy involves constitutional violations. The U.S. Constitution guarantees rights for fair trials and protection against unfair searches. When these rights are violated by law enforcement or prosecutors, it can lead to evidence being thrown out, charges being dropped, or even convictions being overturned.
The Fourth Amendment protects individuals from unlawful searches and seizures by law enforcement. Usually, the police need a search warrant to search someone's property, car, or home. However, in certain urgent situations or if the police have a good reason, like strong suspicion, they can search without a warrant. If a search violates the Fourth Amendment, any evidence found may not be allowed in court.
The Fifth Amendment allows you to remain silent to avoid saying something that could make you seem guilty. When the police arrest you and want to ask questions, they must inform you of your Miranda Rights, which include the following:
- You have the right to remain silent.
- Anything you say can be used against you in court.
- You have the right to have a lawyer present.
- If you cannot afford a lawyer, one will be provided for you.
Additionally, individuals cannot be tried twice for the same crime, a principle known as "double jeopardy." Once a jury has returned a verdict of not guilty, that decision is final.
Defendants are also entitled to a speedy trial to prevent lengthy pretrial detention. They can waive this right if they need more time to prepare. However, neither the federal nor Texas state constitution specifies a precise timeframe for a speedy trial, so determining a violation of this right often requires legal expertise.
In summary, constitutional violations can have significant implications for a criminal case. They can result in key evidence being thrown out, charges being reduced or dropped, or even a successful appeal or acquittal.
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Frequently asked questions
An affirmative defense is a defense in which the defendant introduces evidence that, if found to be credible, will negate criminal liability or civil liability, even if it is proven that the defendant committed the alleged acts.
The four major criminal law defenses are innocence, insanity, self-defense, and constitutional violation.
An example of an affirmative defense is an alibi defense, which asserts that the defendant could not have committed the crime because they were somewhere else when the crime occurred.
A criminal law defense is not a right to a fair trial. For example, if a person was not read their Miranda Rights when arrested, they may be able to use this as a defense in court.
