SUMMARY
Describes general defenses, such as the voluntariness of an act, alibi, causation, the defendant’s mental state, deficiencies in the prosecution, statutory deficiencies, constitutional defenses, entrapment, duress, choice of evils, self-defense, defense of others, impossibility, and affirmative defenses. PDF Download - After purchase go to My Content to retrieve your digital file(s).
DESCRIPTION
Chapter 19
DEFENSES
Sean Kallery
§ 19.1 INTRODUCTION
§ 19.1-1 General and Offense-Specific Defenses
§ 19.1-2 Distinction between Defenses and Affirmative Defenses
§ 19.1-3 Raising the Defense
§ 19.1-4 General Tactical Considerations
§ 19.2 VOLUNTARY ACT—THE DEFENDANT DID NOT DO IT
§ 19.2-1 Voluntariness—Overview
§ 19.2-2 Alibi
§ 19.2-3 Causation
§ 19.3 MENTAL STATE—THE DEFENDANT DID NOT HAVE A CRIMINAL STATE OF MIND
§ 19.3-1 Overview
§ 19.3-2 Mental-Health Issues
§ 19.3-3 Intoxication
§ 19.4 DEFICIENCIES IN THE PROSECUTION
§ 19.4-1 Venue—The State Did Not Charge the Crime in the Correct County
§ 19.4-2 Double Jeopardy—The Crime Has Already Been Prosecuted
§ 19.4-3 Collateral Estoppel—The Opposing Party Already Lost the Argument
§ 19.4-4 Statute of Limitations
§ 19.4-5 Speedy Trial
§ 19.4-6 Age—The Defendant Was Too Young to Be Charged with a Crime
§ 19.5 DEFICIENCIES IN THE CRIMINAL STATUTE
§ 19.5-1 Preemption
§ 19.5-2 Vagueness
§ 19.5-3 Right to Bear Arms—The Law Infringes on the Second Amendment
§ 19.5-4 Rights to Free Speech and to Assembly
§ 19.5-5 Right to Practice Religion
§ 19.6 EXCUSED BEHAVIOR DEFENSES
§ 19.6-1 Entrapment—The State Induced the Criminal Act
§ 19.6-2 Duress—The Defendant Was Forced to Do It
§ 19.6-3 Choice-of-Evils—Defendant Had No Choice
§ 19.6-4 Outrageous Government Conduct
§ 19.6-5 Reasonable Use of Force
§ 19.7 IMPOSSIBILITY
§ 19.7-1 Legal Impossibility
§ 19.7-2 Factual Impossibility
§ 19.8 AFFIRMATIVE DEFENSES
§ 19.8-1 Renunciation
§ 19.8-2 Sex Cases
§ 19.8-3 Homicide
§ 19.8-4 Identity Theft
§ 19.8-5 Driving While Suspended or Revoked
§ 19.8-6 Other Common Affirmative Defenses