M3Discussion Activity–Unusual Defenses Discussion Instructions Mental illness is a defense often used by attorneys (sometimes due to a real mental illness, sometimes just to try and get their client off), but there are other unusual defenses that are also attempted. Below are two examples of these peculiardefenses. Pornographic Intoxication Defense: this defense centers around the belief that pornographyhas a negative effect on the psyche and stimulates sexual violence. A defense attorney may usethis defense in a rape case, arguing the person was under the influence of pornography at thetime of the offense and thus should not be responsible for his/her actions, or at minimum should receive a reduced sentence.
Urban Survival Defense: this defense is based on the belief that a person who lives in a particular urban area may be living under substandard environmental conditions in a deteriorated urban neighborhood plagued with drug dealers and acts of violence that often include threats of deadly force. Thus, a defendant’s punishment should not be as severe because he/she has been exposed to these social conditions which have had a negative impact on life. The defendant is a victim of his/her environment.
For the discussion activity this week, I want you to evaluate the credibility of one or both ofthese defenses. In general, what is your opinion of the defense? Is there something to the defense? Should individuals under thesecircumstances not be held accountable for their actions? Why or why not? Or is it just a tactic used by attorneys to get their clients out of trouble? What do you think?In addition, to receive full credit for the discussion, you will also have to respond to at least one classmate’s post. Examples of possible responses: oAsk classmate for clarification on the post oChallenging a peer’s comment (support your reason) oDo you agree or disagree with their opinion? Why agree/disagree?