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Understanding Non-Affirmative Criminal Defenses (National Overview)
1h
Created on October 07, 2016
Beginner
Overview
This lecture describes non-affirmative criminal defenses in the national context. Topics include: (1) the constitutional right to present a defense, (2) "SODDIT," or "Some Other Dude Did It," (3) Alibi, and (4) Defects in the State's Proof.
Learning Objectives:
- Review the major differences between jurisdictions as to issues such as burdens of proof, alibi evidence, and defects in the state's proof
- Understand the practical issues and pitfalls of presenting non-affirmative defenses, including strategy, tactics, instructions, and typical evidentiary issues
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