6.10 Mere Presence.
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FAQ
In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt. This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial.
It is a classic Murphy's law situation. The defense technically reads as follows: Guilt cannot be established by the defendant's mere presence at a crime scene, mere association with another person at a crime scene or mere knowledge that a crime is being committed.
Mere presence at the scene of a crime or mere knowledge that a crime is being committed is not sufficient to establish that the defendant committed the crime of specify crime charged. The defendant must be a participant and not merely a knowing spectator.
The four versions of the insanity defense are M'Naghten, irresistible impulse, substantial capacity, and Durham.
Self-defense can be broken down into three elements; the immediacy of your physical force to protect yourself, your use or threatened use of no more physical force than would have appeared necessary, and your justification in the threat or use of physical force only while the danger continues.
For example, if a motorist is charged with DUI, they may use an excuse defense if the driver was driving an injured person to a hospital, and there was no alternative way to send the injured person to the hospital under that circumstance.
The "mere presence" rule makes sense because it upholds the fundamental principle of criminal law that a person cannot be held criminally responsible unless there is proof of their active participation or intent to commit a crime.
