6. Defenses Flashcards
What is an Excuse defense?
An excuse defense:
i.)admits the defendant’s conduct was wrongful; but
ii.) argues for reduced responsibility due to the circumstances of the crime.
What are the Excuse defenses in Georgia?
- insanity
- infancy
- intoxication
What is a justification defense?
A justification defense is one which asserts that:
i.) the alleged criminal act was warranted, given the circumstances;
and
ii.) so not wrongful or blameworthy.
What are the four justification defenses in Georgia?
- Self-Defense;
- Defense of Habitation;
- Defense of Property;
What is the Insanity Defense in Georgia?
Georgia follows a mix of the M’Naghten test and “irresistible impulse” test.
Under Georgia law, a defendant can be acquitted on the grounds of mental capacity under two theories:
- when the defendant did not have the mental capacity to distinguish between right and wrong in relation to the offense; or
- defendant’s mental illness caused them to lose the ability to control their actions, even if they understood that their actions were wrong.
Additionally, to pursue an insanity defense, the defendant must waive his right against self-incrimination if:
he intends to call an expert witness on the issue.
What is the Voluntary intoxication defense in Georgia?
Generally not a defense unless it was so extreme that it rendered the person unable to distinguish right from wrong.
What is the Involuntary Intoxication defense in Georgia?
Recognized as a valid defense because the intoxication was not the defendant’s choice.
What is Infancy in Georgia?
In Georgia, to be held criminally liable, a person must be at least 13 years of age.
What is Nondeadly force for Self-Defense in Georgia?
Nondeadly force can be used or threatened when the actor reasonably believes it necessary to defend against imminent unlawful force.
What is deadly force for Self-Defense in Georgia?
Deadly force can be used to prevent:
1. death or great bodily injury; or
2. the commission of a forcible felony.
What is the Defense of Property in Georgia?
Nondeadly force can be used to protect or reclaim property if it is lawfully possessed by:
1. the defendant;
2. their immediate family; or
3. someone they are legally responsible to protect.
What is the Defense of Habitation in Georgia?
A person is justified in using force to prevent or stop unlawful entry or attack on a habitation.
Deadly force is justified under specific conditions involving violent entry or felony prevention.
What is Entrapment in Georgia?
Under Georgia law, entrapment occurs when law enforcement officers or their agents induce a person to commit a crime that they would not have otherwise committed. I
What is a Mistake of Fact in Georgia?
Under Georgia law, a person may use the mistake of fact defense when they had a reasonable and honest misunderstanding of a fact that, if true, would mean they did not have the intent to commit a crime.
Duress
Under Georgia law, the duress defense applies when a person commits a criminal act because they were coerced by the unlawful threat of imminent death or great bodily injury.
