Keith Mack
In a criminal prosecution under common law, a defendant may raise a defense to avert criminal conviction. The defendant typically holds the burden of proof and may use a variety of means to present their defense, including pok[ing] holes in the prosecutor's case, arguing that another individual committed the crime, or that they did commit the crime but had a legal and reasonable defense for doing so. The defendant may also raise a defense of justification, such as self-defense or defense of others. A successful criminal defense can result in a dismissal of charges, an acquittal, or a finding of not guilty by reason of insanity.
| Characteristics | Values |
|---|---|
| Who raises a defense | The defendant |
| Who holds the burden of proof | The defendant |
| Who must establish the defendant's guilt | The prosecutor |
| Who decides if the defense is accepted | The court |
| Who decides if the defendant is guilty | The jury |
| Who decides if the defendant is innocent | The jury |
| Who decides if the evidence is believable | The jury |
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What You'll Learn
Defendants can argue that no crime was committed due to consent
In a civil or criminal case, a defendant may raise a defense to avoid liability or criminal conviction. One such defense is that no crime was committed due to consent. This defense applies when the victim's lack of consent is an essential element of the crime. For example, in the case of rape or sexual assault, the defendant may argue that the victim consented to the sexual conduct, thus negating the criminal act.
Consent can be express or implied, but implied consent is often more challenging to establish. The defendant must prove that the person consenting was legally able to do so. For instance, if a victim initially consented but later withdrew consent during sexual activity, this withdrawal must be respected. Additionally, if external factors like fear, threats, or intimidation influenced the consent, attorneys should investigate whether the consent was genuinely voluntary.
In some cases, consent may be deemed legally invalid by the courts, and the defense will not apply. For example, an individual cannot consent to circumstances involving a serious risk of bodily injury. Participants in contact sports are deemed to have consented to possible bodily harm, but this consent is limited to the expected risks of the sport.
The defense of consent can also be used in certain property crimes, such as trespassing. For instance, a defendant charged with larceny may argue that they mistakenly believed the victim had given them permission to take the property. However, merely stating that consent was given is insufficient to establish a defense of consent.
Ultimately, the defendant typically holds the burden of proof when raising a defense. They must provide evidence and arguments to support their claim of consent and demonstrate that it was freely and voluntarily given by a legally authorized individual.
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Criminal defendants can assert abandonment/withdrawal
In a criminal prosecution under common law, a defendant may raise a defense to avert criminal conviction. A criminal defendant can assert the defense of abandonment/withdrawal if they initially intended to commit or participate in a crime but later had a change of heart and withdrew from participation. This is known as the voluntary abandonment defense, as the defendant must have decided to abandon the crime voluntarily and independently.
To successfully assert this defense, the defendant must prove that they lacked criminal intent and made a good-faith attempt to prevent others from committing the crime. They must demonstrate that they proactively withdrew from the criminal activity and communicated their withdrawal to their co-conspirators before the completion of the criminal objective. The defendant must also show that they did not reinitiate contact with their co-conspirators after withdrawing.
In some jurisdictions, the defendant may also be required to actively work to prevent the crime from being completed, such as by alerting law enforcement. The abandonment/withdrawal defense is applicable in cases involving conspiracies and accomplices, and it can be a powerful legal strategy to navigate complex legal situations and ensure fair treatment in the justice system.
It is important to note that abandonment or withdrawal from a crime does not absolve other participants from liability if the crime is ultimately completed. Additionally, if a defendant's attempt to commit a crime causes harm to society, the defense of abandonment may not be accepted. Seeking legal assistance is crucial for defendants considering this defense to understand their rights and navigate the challenging legal landscape effectively.
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Insanity defence, where the defendant did not understand the crime
The insanity defence is a well-known and long-standing criminal defence strategy. It is used when a defendant is incapable of understanding what they are doing or is unable to determine right from wrong. This defence has been used for several hundred years and has been the subject of much controversy, with some arguing that it is too frequently applied. However, studies have shown that only about 1% of felony cases in the United States involve the use of the insanity defence, and it is successful in only about 30 cases annually.
The insanity defence is based on the notion that defendants may be so diseased in their minds that they are incapable of understanding their actions or their wrongness. The M'Naghten Rules of 1843, which emerged following the acquittal of Daniel M'Naghten for homicide, define the defence as follows:
> [A]t the time of committing the act the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or as not to know that what he was doing was wrong.
The House of Lords later asked common law courts to answer five questions on insanity as a criminal defence, and the resulting formulation became the basis of the law governing legal responsibility in cases of insanity in England. This formulation, known as the M'Naghten Rule, was also embraced by American courts and legislatures for over a century. It states that a defendant should not be held responsible for their actions if, as a result of their mental disease or defect, they did not know that their act would be wrong or did not understand the nature and quality of their actions.
In the United States, a trial in which the insanity defence is invoked typically involves the testimony of psychiatrists or psychologists who present opinions on the defendant's state of mind at the time of the offence. The insanity defence can be used as a full defence to a crime, with a successful plea resulting in a ""not guilty" by reason of insanity verdict. Alternatively, a defendant may plead "guilty but mentally ill" (GBMI), which is available in some states as an alternative verdict.
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Self-defence, where reasonable force was used
In a criminal prosecution under common law, a defendant may raise a defence to avert criminal conviction. The defendant typically holds the burden of proof, and the defence phase of a trial occurs after the prosecution phase.
Self-defence is a justification defence that permits reasonable force to defend oneself or another. This defence arises from both common law and the Criminal Law Act 1967. It applies when the defendant uses necessary, reasonable, and proportionate force to defend themselves or another from imminent attack. The force used must be proportional to the threat, and the more extreme the threat, the more force can be used in self-defence.
The Criminal Damage Act 1971 provides a defence for destroying another person's property when it is done to protect one's property or the property of another. The Criminal Law Act 1967 allows a person to apprehend another whom they reasonably suspect of committing an arrestable offence, also known as a citizen's arrest. Section 76 of the Criminal Justice and Immigration Act 2008 provides guidance on whether the force used was an act of self-defence, and it was amended in 2013 to allow the use of greater force in defence of homes against burglars.
The key to remaining within lawful conduct is whether the amount of force was proportionate to the threat faced at the time. Lapses in judgment during the heat of the moment are natural and expected, and the law recognises that such actions may still be deemed reasonable or as self-defence. However, once a threat has been neutralised, continuing to use force is not considered reasonable.
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Entrapment, where the government induced the crime
In criminal law, entrapment is a valid defense that can be used to argue against criminal charges. It occurs when a government official, such as a police officer or FBI agent, induces a person to commit a crime that they would not have otherwise committed. The defense of entrapment has two key elements: government inducement of the crime and the defendant's lack of predisposition to engage in criminal conduct. Mere solicitation or the use of deception by government officials does not constitute inducement. Instead, it requires a level of persuasion, coercion, or extraordinary promises that could blind an ordinary person to their legal duties.
In the context of entrapment, inducement refers to the government's actions that cause a normally law-abiding person to commit a crime. This can include harassment or threats, as in the case of an undercover officer persistently pressuring an uninterested individual to commit a burglary. The "objective" test is used in some states to evaluate entrapment, where the defendant must demonstrate that the tactics employed by government officials would have induced a reasonable person to commit a crime.
The second element, lack of predisposition, is crucial. Even if inducement is established, a finding of predisposition negates an entrapment defense. Predisposition refers to whether the defendant was an "unwary innocent" or an "unwary criminal" who readily availed themselves of the opportunity to commit the crime. It is important to note that predisposition is distinct from intent or mens rea, as a person may have the intent to commit a crime but still be entrapped.
The defense of entrapment can be challenging to assert, as the defendant must prove that the idea and impetus for the crime originated with government officials and that they were not predisposed to commit it. The burden of proof typically falls on the defendant, and they must demonstrate that entrapment occurred beyond a reasonable doubt.
Entrapment defenses have evolved primarily through case law, and courts initially viewed them with skepticism. However, police conduct amounting to entrapment is generally discouraged, and it is recognized as a defense in many jurisdictions.
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Frequently asked questions
The defendant determines the defense strategy in a common law case, which is then presented by their lawyer. The defendant holds the burden of proof for their defense.
Some common defenses used in the US legal system include:
- Motion to dismiss the charges, for reasons such as lack of evidence or violation of the defendant's constitutional rights.
- Insanity, where the defendant argues that they had a mental disorder that rendered them incapable of understanding right from wrong.
- Self-defense or defense of others, where reasonable force is used to protect oneself or another person.
The prosecution must prove the defendant's guilt beyond a reasonable doubt. The prosecution can attempt to disprove the defendant's case by challenging the credibility of witnesses, attacking the evidence, or pointing out inconsistencies in the defendant's argument.
