Defenses to Criminal Liability - PT.
Necessity: The accused claims that the criminal act he committed was
necessary in order to prevent or avoid a greater wrong.
Entrapment: The accused claims that she was induced by a public official
typically an undercover officer to commit a crime that she would not otherwise have
committed.
Entrapment generally requires that the public official both suggest the
wrongful act and then induce the accused to commit it. It is not improper for police to
set a trap for the unwary, but it is improper to push the accused into the trap if she was
not predisposed to committing the crime absent the entrapment.
Statute of Limitations: Most criminal prosecutions (murder is generally an
exception) must be brought within a specified period of years after the crime.
Immunity: In cases in which the state wishes to obtain information from a
person accused of a crime, the state can grant immunity from prosecution or agree to
prosecute only for a less serious offense in exchange for that information.
- PT.
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Constitutional Rights
Of the Accused
The U.S. Constitution provides protections for those accused of crimes,
namely:
(1) The Fourth Amendments protection from unreasonable searches and seizures
and requirement that a search or arrest warrant shall issue only upon probable cause;
(2) The Fifth Amendments requirement of due process of law, prohibition
against double jeopardy (trying the same person twice for the same criminal offense),
and prohibition against self-incrimination (requiring a person to act as a witness
against herself);
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(3) The Sixth Amendments guarantees of the rights to speedy trial, trial by jury,
public trial, the right to confront witnesses, and counsel (at various stages of criminal
proceedings); and
(4) The Eighth Amendments prohibitions against excessive bail and fines and
cruel and unusual punishment.
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Constitutional Corollaries
The Exclusionary Rule: Any evidence obtained in violation of the accuseds
Fourth, Fifth, or Sixth Amendment rights, as well as any evidence derived from said
illegally obtained evidence, is not admissible.
Purpose: The exclusionary rules purpose is to deter police from conducting
warrantless searches and following other improper procedure.
Exceptions: In recent decades, the U.S. Supreme Court has diminished the
scope of the exclusionary rule by creating exceptions for, e.g., evidence the police
would have inevitably discovered and obtained, and evidence obtained in good faith.
The Miranda Rule: Subject to certain exceptions, individuals who are arrested
must be informed of certain constitutional rights, including their right to remain silent
(i.e., not to incriminate themselves) and their right to counsel.
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