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Psychology & Criminal Justice:
Defenses in Criminal Law
By: Steve Christiansen
Topics Basic elements
of crime Infancy Intoxication Duress Self Defense
•Necessity •Entrapment•Insanity•Death penalty
Basic Elements of a Crime Actus Reus-guilty act Mens Rea-intent Fusion/Concurrence –act and intent
come together at the same time.• Exception is criminal negligence-a deviation from a
standard of care a reasonable person would exercise
INFANCY A state of being young In most states a child under 7 years old can not be held liable for a crime. Why?
Age 8 to majority who deals with law violators?
Intoxication Defense Voluntary-is not a true defense but
is used at times to reduce culpability.
Involuntary-forced to ingest or is injected with an intoxicating substance or is unaware the substance contains drugs or alcohol. ***Could also be a defense for drug interactions and diabetic insulin shock.
Duress/Coercion
A person is forced to commit an act they would otherwise not perform.• Conditions:
Threat must be serious bodily harm/death Harm threatened must be immediate &
inescapable.
Self Defense A person is privileged to use such force
as reasonably appears necessary to protect himself/herself and others.
Deadly force is only allowed if there is a reasonable belief that imminent death or bodily harm will otherwise result.
*Can not be used to defend property. ***The immediacy has been waived in some DV cases. (
Bobbitt Interview)
Necessity Necessity is justifiable if the harm or
evil sought to be avoided by such conduct is great than that sought to be prevented.
Either break the law or something worse will happen.
Examples?• ***Is not allowable for murder.
Entrapment Entrapment can be used if a person
is induced to commit a crime they otherwise would not have committed.
Opportunity to commit crime Inducing a person
INSANITY Insanity is a legal term, not listed in
DSM-IV-tr. M’Naghten Rule-at the time of
committing the act, the accused was unable to distinguish right from wrong. Also called “right and wrong” test.
Over half the states use the M’Naghten Rule.
Substantial Capacity Test
The defendant lacks “substantial capacity” to either “appreciate the wrongfulness” of his/her conduct or conform to that conduct.
The other states use this test including the United States Federal Government.
IRRESISTABLE IMPULSE
A lesser defense of insanity. The defendant knew right from
wrong but was irresistibly impelled to commit the act.
How could you be impelled?
DAHMER’S VICTIMS Jun 1978 - Stephen Hicks
Sep 1987 - Steven Toumi
Oct 1987 - Jamie Doxtator
Mar 1988 - Richard Guerrero
Feb 1989 - Anthony Sears
Jun 1990 - Eddie Smith
Jul 1990 - Ricky Beeks
Sep 1990 - Ernest Miller
Sep 1990 - David Thomas
Feb 1991 - Curtis Straughter
Apr 1991 - Errol Lindsey
May 1991 - Tony Hughes
May 1991 - Konerak Sinthasomphone
Jun 1991 - Matt Turner
Jul 1991 - Jeremiah Weinberger
Jul 1991 - Oliver Lacy
Jul 1991 - Joseph Bradeholt
JEFF DAHMER Was JEFFERY DAHMER insane?
Does a sane person eat body parts of their victims?
Apply the M’Naghten Rule.
CASE STUDY WHO IS THIS PERSON?
DAVID BERKOWITZ
Known as “SON OF SAM” killer. David Berkowitz's victims:
• 29 July 1976 - Donna Lauria, 18 • 30 Jan 1977 - Christina Freund, 26 • 8 Mar 1977 - Virginia Voskerichian, 19 • 17 Apr 1977 - Alexander Esau, 20 & Valentina
Suriani, 18 • 31 July 1977 - Stacy Moskowitz, 20
Sentenced to 365 years in prison.
PROBLEMS WITH INSANITY
HARD TO DEFINE WHAT IS INSANE.
HARD TO KNOW A PERSON’S STATE OF MIND AT TIME OF ACT.
THE END.
Death Penalty-U.S. U.S. Government and 37 states
practice the death penalty (also U.S. Military).
13 states do not practice the death penalty.
Current death row:• Male 3,291 (98.2%) • Female 59 (01.8%)
Innocence Project 252 Inmates have been exonerated
through DNA. Average time served before being
exonerated is 13 years. Race of those released:
• 150 African Americans• 74 Caucasians• 21 Latinos• 2 Asian American• 5 whose race is unknown
• Source: The Innocence Project.
People on Death Row Exonerated by Year
THANK YOU!
Questions?
