Sections
§ 401 Mental illness or psychiatric disorder 11
§ 402 Rules to prescribe procedures for psychiatric examination; testimony .. 11
§ 403 Verdict of “not guilty by reason of insanity;” commitment to … 11
§ 404 Confinement in Delaware Psychiatric Center of persons too mentally .. 11
§ 405 Confinement in Delaware Psychiatric Center of persons developing .. 11
§ 406 Transfer of convicted persons becoming mentally disabled from prison .. 11
§ 408 Verdict of “guilty, but mentally ill” — Sentence; confinement; … 11
§ 409 Verdict of “guilty, but mentally ill” — Parole; probation. 11
§ 421 Voluntary intoxication 11
§ 422 Intoxication not mental illness 11
§ 423 Involuntary intoxication as a defense 11
§ 424 Definitions relating to intoxication 11
§ 431 Duress as affirmative defense; defense unavailable in certain .. 11
§ 432 Entrapment as affirmative defense; defense unavailable in certain .. 11
§ 441 Ignorance or mistake of fact as defense 11
§ 451 Consent of victim to acts not involving physical injury as defense 11
§ 452 Consent of victim to inflictions of physical injury as defense 11
§ 453 Circumstances negativing consent as defense 11
§ 454 Knowledge of victim’s age. 11
§ 461 Justification — A defense. 11
§ 462 Justification — Execution of public duty. 11
§ 463 Justification — Choice of evils. 11
§ 464 Justification — Use of force in self-protection. 11
§ 465 Justification — Use of force for the protection of other persons. 11
§ 466 Justification — Use of force for the protection of property. 11
§ 467 Justification — Use of force in law enforcement. 11
§ 468 Justification — Use of force by persons with special responsibility … 11
§ 469 Justification — Person unlawfully in dwelling. 11
§ 470 Provisions generally applicable to justification 11
§ 471 Definitions relating to justification 11
§ 475 Immunity as an affirmative defense 11
§ 476 Racketeering activities; excluded defenses 11
§ 477 Organized crime; renunciation 11

Terms Used In Delaware Code > Title 11 > Chapter 4 - Defenses to Criminal Liability

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Statute: A law passed by a legislature.
  • Testify: Answer questions in court.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.