What are the different types of criminal defenses?
In Idaho, criminal defenses are divided into two categories, justifiable defenses and exculpatory defenses. Justifiable defenses are those that do not dispute the criminal act, but argue that it was justified under the law. Examples of justifiable defenses are self-defense, defense of others, and use of deadly force in the defense of property. Exculpatory defenses are those that contest the defendant’s criminal responsibility for the act. Examples of exculpatory defenses are entrapment, insanity, alibi, and duress. Entrapment occurs when law enforcement officers lure or force an individual to commit a crime. Insanity is a defense that challenges the defendant’s culpability by asserting that the defendant did not understand the wrongfulness of his or her actions at the time of the crime due to mental illness. An alibi is a defense that asserts that the defendant was not present at the scene of the crime. Finally, duress is a defense that alleges the defendant had no choice but to commit the crime due to a threat of harm. In Idaho, a defendant may present any of these defenses in court and a jury may consider them when determining guilt or innocence. It is also important to note that a defendant is ultimately responsible for the outcome of their case. Even if a defense is available, a defendant will need to prove it in court in order to avoid a conviction.
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