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What are the six defense strategies?

The six main criminal defense strategies are alibi, self‑defense, insanity, entrapment, duress, and the final strategy, each with distinct legal tests and evidence.

Alibi defense

An alibi shows the defendant was elsewhere when the alleged crime occurred. Strong alibis rely on independent evidence such as surveillance footage, witness testimony, receipts, or GPS data. The timeline must be airtight; any gaps weaken the claim.

Self‑defense

Self‑defense argues the defendant used force because of an imminent threat. The belief of danger must be objectively reasonable, and the force used must be proportional. Jurisdictions differ on duty‑to‑retreat and castle doctrines, so local rules shape the defense.

Insanity defense

Insanity requires a severe mental illness that prevented the defendant from understanding the nature or wrongfulness of the act. Standards vary: M'Naghten, irresistible impulse, and Durham tests are common. Expert psychiatric testimony is essential, and the burden is usually clear and convincing evidence.

Entrapment defense

Entrapment is claimed when law enforcement induces a crime that the defendant would not have committed otherwise. Two elements must be shown: government origin of the scheme and lack of prior predisposition. The subjective or objective tests applied depend on the jurisdiction.

Duress defense

Duress is available when the defendant commits a crime under a credible threat of imminent death or serious harm. The threat must be immediate, and the defendant must have no reasonable alternative. The crime itself is usually a non‑violent offense, though some jurisdictions allow broader applications.

Remaining strategy: [Specify if known]

Some jurisdictions recognize a final defense such as "necessity" or "mistake of law.” These require showing that the defendant acted to prevent greater harm or misunderstood the legal status of their conduct. Evidence of the imminent danger or legal misunderstanding must be clear and convincing.

❓ Frequently Asked Questions

1. What evidence is most persuasive in an alibi case?

Independent records—like surveillance footage, credit card receipts, or GPS data—combined with credible witnesses create the strongest alibi. Consistency across sources is key.

2. Can a self‑defense claim be used for non‑violent crimes?

Yes, if the defendant faced an imminent threat of serious bodily harm and used proportionate force, self‑defense can apply to non‑violent offenses such as assault or battery.

3. How does the insanity standard differ across states?

States may use M'Naghten, irresistible impulse, or Durham tests, each focusing on different aspects of mental impairment. The core requirement remains proof of severe mental illness affecting understanding of right and wrong.