Question

3. Name AND describe each of the defenses that are available when you are charged with a crime. Make up an example for each. JUST NEED EXAMPLES TO THESE DEFENSES (30)

Justify the use of force: the defense of one’s dwelling, the defense of other property, and the prevention of a crime

Necessity: facing a situation that requires you to do something illegal to prevent a serious harm.

Insanity: Someone who suffers from a mental illness maybe incapable of the state of mind required to commit a crime.

Mistake: A mistake of fact, as opposed to a mistake of law, can excuse criminal responsibility if it negates the mental state necessary to commit a crime.

Duress: Unlawful pressure brought to bear on a person, causing the person to perform an act that she or he would not otherwise perform.

Entrapment: a defense designed to prevent police officers or other government agents from enticing persons to commit crimes so that they can later be prosecuted for criminal acts.

Statute of Limitations: the state must initiate criminal prosecution within a certain number of years.

Immunity: an exemption granted by statute or government authorities from a legal duty, penalty or prosecution.

Answer 1

Examples of the defenses are shown below

Necessity:

A person decides to break into someone’s house to use the phone to call the police/ambulance. His cell phone was not working and he had no other option than to break into the neighbor’s house and ask for help in emergency.

Insanity:

A person with schizophrenia attacks another person because he thought the other person was a wild animal about to attack him.

Mistake:

You were sitting in the coffee shop and had asked your friend to keep the laptop on the cashier’s table while you went to the washroom. You come back from the washroom and see the laptop on the cashier’s table and pick up and leave. You later realize that this laptop belongs to someone else and your friend never kept your laptop on the cashier’s desk. This is a mistake of fact.

Duress:

You are held at a gunpoint in your car and asked to drive away from the police by the bank robber. In this case you can claim the defense of duress because you were not a willing participant or accessory to the crime.

Entrapment:

An undercover police officer threatens you to sell him some drugs or else he will beat you up. You find some drugs from a nearby dealer and purchase them. Later when you try to sell it to the undercover officer, you are arrested.

Statute of limitations:

You steal a car but nobody knows who did it. 10 years pass and on the 12th year police finds out that you were the original thief and files charges against you. Statute of limitation of felonies is 10 years and you can claim defense stating that statute of limitation has expired.

Immunity:

You are arrested for a felony. However, earlier you had a deal with the government where you were exempted from charges related to a previous crime. This felony is also linked with that crime. You have immunity from the previous deal.