Entrapment occurs when law enforcement induces or encourages you to commit a crime that you would not normally have been “predisposed” to commit. In other words, they unethically “lead” you to do it. Mississippi recognizes entrapment as a complete defense to a crime, if certain conditions are met. Entrapment has two elements: government inducement of the crime; and a lack of predisposition on the part of the defendant to engage in criminal conduct. Entrapment is an affirmative defense, which means that even if the state proves everything about its case, the Defense still wins! If we can make out a case
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Can I show that I was somewhere else as a defense to a crime?
Yes. This is called an “alibi defense.” Although an “alibi defense” is sometimes referred to as an affirmative defense, it is really just a denial that you committed the crime. But Mississippi courts have said that it must be more than just a simple denial. In order for it to be considered an alibi, the facts must be such that it would be physically impossible for you to be at the crime scene. In other words, being in the next room at the time of the crime is probably not an alibi, but being in the next county is. Even
Is Post Traumatic Stress Disorder a Valid Defense to Criminal Charges?
Post Traumatic Stress Disorder is a viable legal defense that should be examined in the case of any military active duty servicemember or veteran who has returned home and committed a crime. “PTSD” is the given name for a variety of symptoms that follow combat veterans long after the event that triggered them. Some of these symptoms include: trouble concentrating paranoia or “super-alertness” and hyper-vigilance flashbacks nightmares blackouts and memory loss issues with temper insomnia unusual aloofness Many states – although not Mississippi as of yet – have enacted laws establishing special veteran’s courts, and recognizing the special treatment needs of our nation’s
I was too drunk (or too high) to know what I was doing. Can we use that as a defense?
This is called a “diminished capacity” defense. The argument is that you admit you broke the law, but your actions should be excused because your mental functions were impaired so much you didn’t know what you were doing was wrong (“I was so stoned I don’t remember last Wednesday, much less the Taco Bell I robbed and the bad checks I wrote.”) Please note that diminished capacity is not a medical diagnosis; it is a legal concept. A doctor might be able to say how impaired you might have been, but only in court will you be found to have “diminished capacity.” But too
