Street Law: A Course in Practical Law

Chapter 11: Defenses

Cases and Resources

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 it was not a crime in the legal sense.

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Defendant Did Not Commit 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.

The Innocence Project
The Innocence Project is a nonprofit legal clinic dedicated to using DNA evidence to exonerate people who have been wrongly convicted. Read the stories of some inmates who have been proven innocent using DNA 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.

Commutation of Battered Woman's Sentence
One of the theories put forth about an excusable criminal act concerns the murder of an abusive partner by the abused person. 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?

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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 increasing or decreasing? At what age do you think juveniles should be fully responsible for their crimes?

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.

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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