Procedural Defenses
Procedural defenses make the claim that the defendant was in some manner discriminated against in the justice process or that some important aspect of official procedure was not properly followed. As a result, those offering this defense say, the defendant should be released from any criminal liability.
(Frank Schmalleger, page 141) Several cases will be noted like the DeLorean case in 1984, the Felix case in 1992, and Detective Mark Fuhrman of the Las Angeles Police Department. I will be touching on five of the seven defenses listed in “Criminal Justice Today”
When a government official induces a crime where one would not have occurred is classified as entrapment. The officers can set the scene and provide the opportunity but not suggest it or induce it. John DeLorean was arrested in 1982 for selling cocaine in large quantities. The undercover agent gave DeLorean the idea for selling cocaine because he was falling under hard financial times. Since it could be proven that he was induced into this crime and forced not to back out of the deal the jury gave him a not guilty verdict. Since the government official was involved in this crime, it was an erroneous one.
Under the Fifth Amendment, people will not be tried twice for the same crime. The exception to this is for a trial error, a hung jury, or if the accused is being tried both by the federal and state courts. In the case of U.S. v. Felix (1992) he was tried in Missouri for making methamphetamines and later convicted federally for conspiracy to manufacture a controlled substance. This is an example of how double jeopardy does not apply. If Mr. Felix was tried again by the state for the same thing then that would not be appropriate; other wise known as double jeopardy. Collateral Estoppel is very similar to double jeopardy means that the defendant cannot be tried for a crime that is directly related to another. For example, he/she is found innocent for killing one person;...