2c: Chapter 2 and 3 Flashcards
4 kinds of culpability
Purposely With purpose
Knowingly with knowledge
Recklessly its disregard of risk
Negligently unaware of risk
Defenses
Intoxication which is not self induced is an affirmative defense if at the time of his conduct the actor didn’t know the nature and quality of the act he did not know it was wrong.
Entrapment defense
Public law enforcement or a person engaged in cooperation with such official perpetrates an entrapment if for the purpose of obtaining evidence of the commission of an offense he induces or encourages and as a direct result causes mother person to engage in conduct constituting such an Offense by either:
Making knowing false representations
Employing methods of persuasion or inducement
Judge is who try’s to issue of entrapment.
When is entrapment unavailable?
When the charged offense involves causing or threatening bodily injury
Insanity defense
Not criminally responsible for conduct if at the time did not know the nature and quality of the act he was doing, or if he did know it, that he not know what he was dong was wrong.
Must be proven by a preponderance of evidence
Deadly force can be used in self protection unless the person can retreat safely.
Deadly force: authorized to act as a peace officer and reasonably believes substantial risk to innocent persons
Prevent escape or imminent threat of deadly force to himself or a third party
Thwart a commission of a crime
Use of force: makes know the purpose of the arrest
Arrest is Mae under a warrant
Private person whether lawful or unlawful arrest assist a peace officer in affecting such and believes the arrest is lawful.