Common Defenses to Criminal Conduct - Explained
What are some defenses to criminal conduct?
Written by J. Mance Gordon
Updated at April 21st, 2024
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What Defenses Exist to Criminal conduct?
Common defenses to criminal conduct include:
Negating Mental Capacity
Negating Intent
Other General Defenses
- Duress
- Necessity
- Entrapment
- Justifiable Use of Force
Each of these is discussed below.
What is Negating Mental Capacity
Certain conditions of the defendant may negate the mental capacity to commit a crime.
- Examples: Defenses commonly negating capacity include mental incompetence, insanity, involuntary intoxication, and infancy.
What is Negating Intent?
Certain conditions may negate the requisite intent (men rea) required by a particular crime.
- Example: A mistake of fact or voluntary intoxication may negate the mental intent required to find guilt for a particular crime.
Other General Defenses - These defenses constitute defenses to certain criminal charges. Common examples include:
What is Duress?
This means applying undue pressure (often pursuant to a position of power or authority over an individual) to coerce activity deemed to be criminal conduct.
- Example: Holding a gun to someone to make them steal would be an example of duress.
What is the Criminal Defense of Necessity?
Necessity is when an individual had no choice but to break the law in order to avoid significant harm. There must not be another reasonable manner of avoiding the harm and the harm avoided must be greater than the harm caused by breaking the law.
- Example: Hank sees an individual planting a bomb in a public park. The individual runs off. Hank pulls out his concealed weapon and fires it into the air multiple times. This act causes all the bystanders to flee running. His act of firing the weapon was criminal, but it was done out of necessity.
What is Entrapment?
This involves the wrongful solicitation and inducement to commit criminal activity by a government official (particularly the police).
- Example: I am a police officer. I tell Adam that he can make some extra money by helping me transport drugs from Florida to New York. I provide Adam with a vehicle loaded with illegal drugs. I then arrest Adam for carrying out the plan. I have entrapped him.
What is the Justifiable Use of Force?
Individuals may generally use a certain level of force to protect themselves and their property. The use of force is generally limited to the ability to respond with a reasonable amount of force given the situation.
- Example: Thomas is walking down the street when he is attacked by two men. Fearing for his physical safety, Thomas uses a can of mace to spray and disorient his attackers. Thomas has not battered his assailants, as his use of force was justified in defense of his safety.
The availability or applicability of any defense depends upon the type and nature of the criminal charges.
Related Topics
- Criminal Law (Intro)
- What is Criminal Law?
- What are the elements of a crime?
- Classifications of crimes Misdemeanor vs Felony Criminal Charges?
- What is the process of bringing criminal charges?
- Cease and Desist Order
- What is the process for executing an arrest?
- What are the exceptions to reading Miranda Rights?
- What is the process for initiating criminal charges?
- Prima Facie
- What is the Arraignment and Initial Appearance
- Investigation - Subpoena
- Common Defenses to Criminal Conduct
- Ex. Castle Doctrine
- Types of Punishment for Criminal Activity
- Theories Behind Criminal Punishment
- Federal Sentencing Guidelines
- What are the 4th Amendment protections against Search and Seizure?
- What are the 5th Amendment criminal law protections?
- What are the 6th Amendment criminal law protections?
- What are the 8th Amendment criminal law protections?
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- Activity Constituting Fraud
- Good Faith as a Defense to Fraud
- Common Types of Business Fraud
- False Statement as a Criminal Charge
- Conspiracy as a Criminal Charge
- Obstruction of Justice as a Criminal Charge
- Aiding and Abetting or Conspiracy to a Crime