The hypothetical-person defence occurs when an individual accused of a crime claims that a police officer or someone collaborating with the police coerced them into committing the crime. This could involve deception or manipulation to make the person believe that their actions were permissible. While not universally accepted, some jurisdictions do allow for this defence.
The hypothetical-person defence is a legal strategy employed by a defendant who asserts that they were induced to commit a crime by an undercover law enforcement officer or someone acting on their behalf. The defendant contends that they were either unaware that their actions were illegal or were coerced into committing the crime. This defence is only recognized in a limited number of states and by the Model Penal Code, and is also referred to as the objective method. For instance, John, a drug dealer, is apprehended for selling drugs to an undercover police officer. John argues that the officer actively encouraged him to engage in drug sales and convinced him that it was lawful. He maintains that he would not have participated in drug dealing if not for the officer’s influence. This example serves to demonstrate the functioning of the hypothetical-person defence, as John asserts that he was persuaded by the officer to commit the crime and would not have done so otherwise.
A hypothetical-person defence is a legal strategy where the defendant argues that their actions were justified because a reasonable person in the same situation would have acted in a similar manner.
A hypothetical-person defence can be used in various criminal cases, such as self-defence, necessity, or duress, where the defendant claims that their actions were necessary or reasonable under the circumstances.
In an actual-person defence, the defendant argues that their specific characteristics or circumstances justified their actions. In contrast, a hypothetical-person defence focuses on what a reasonable person, without any specific characteristics, would have done in the same situation.
When evaluating a hypothetical-person defence, factors such as the nature of the threat, the availability of alternatives, and the reasonableness of the defendant’s belief in the necessity of their actions are taken into account.
No, a hypothetical-person defence may not be applicable in all criminal cases. It is typically used in cases where the defendant’s actions are being evaluated based on a reasonable person standard.
No, the defendant does not need to prove that a hypothetical person would have acted in the same manner. The burden of proof lies with the prosecution to demonstrate that the defendant’s actions were unreasonable or unjustified.
While a hypothetical-person defence is primarily used in criminal cases, it may also be applicable in certain civil cases where the defendant’s actions are being evaluated based on a reasonable person standard.
Yes, there are limitations to using a hypothetical-person defence. It may not be successful if the defendant’s actions were clearly unreasonable or if there were other viable alternatives available to them.
A successful hypothetical-person defence can result in the defendant being acquitted of criminal charges or found not liable in civil cases. However, the outcome ultimately depends on the specific circumstances and the judge or jury’s interpretation of the defence.
Yes, it is highly recommended to consult with an experienced attorney if you are considering using a hypothetical-person defence. They can assess the viability of the defence in your case and provide guidance on how to present it effectively.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 27th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/hypothetical-person-defence/
- Modern Language Association (MLA):Hypothetical-Person Defence. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/hypothetical-person-defence/.
- Chicago Manual of Style (CMS):Hypothetical-Person Defence. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/hypothetical-person-defence/ (accessed: May 09 2024).
- American Psychological Association (APA):Hypothetical-Person Defence. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/hypothetical-person-defence/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts