6) Defenses Flashcards
kinds of defenses
1) justification
2) excuse
justification: def
what would normally be unlawful isn’t under these facts
justifications: list
1) self-defense
2) defense of others
3) defense of property
4) necessity
excuse: def
excuse “forgives” D for committing unjustified crime, bc of some disturbance of D’s mental processes (nullifies culpability)
was D’s mental process overwhelmed to the point that unfair to hold him accountabe?
excuse: list
1) insanity
2) involunary intoxication
3) duress
insanity: result
no criminal liability
insanity: tests
1) M’Naghten
2) irresistable impulse
3) MPC
4) Durham/New Hampshire rule
insanity: M’Naghten test
(focus on reasoning abilities/cognitive)
1) severe mental disease or defect
2) D UNABLE TO KNOW either
a) nature/quality of act, or
b) that what he was doing was wrong
some js parse knowing it’s wrong from knowing it’s illegal
insanity: irresistable impulse test
focus on volition
1) severe mental disease or defect + so
2) incapable of controlling the impulse to commit a crime
insanity: MPC test
combines “cognitive” and “volition” tests – D can’t conform his conduct to requirements of the law for either reason
also softens M’Naghten to “lack of substantial capacity” (instead of incapable of knowing)
insantiy: Durham/New Hampshire rule test
(minority) – D’s unlawful act was the product of mental disease or defect (but-for cause)
insanity: Durham/NH rule aka
product rule
involuntary intoxication: result
total defense (not guilty at all)
involuntary intoxication: rule
defense to any crime requiring proof of specific intent (if negates it)
involuntary vs voluntary intoxication
involuntary can be complete defense
voluntary: not a complete defense, but reduces D’s level of culpability by negating specific intent element
- -does not negate general intent
duress: rule
excuses crim conduct if D reaosnably believes only way to avoid unlawful threats (usu from human) of GBH or imminent death is to engage in unlawful conduct
duress / homicide
NOT a defense to murder
exception: underlying felony in FM
self-defense: eleemnts
1) honest AND reasonable (subj+obj)
2) D is V of unlawful threat (not initial provoker)
3) D in imminent danger of unlawful bodily harm
4) D uses proportional force (no more than reasonably nec)
self-defense: deadly force?
ok only in rp to imminent threat of death or Great BI
self-defense: first aggressor: CL
aggressor can only regain right of self-defense if:
completely withdraws (perceived by V)
self-defense: first aggressor: modern
aggressor can regain right of self defense if:
first V responds to the aggression w excessive force
self-defense: retreat rule: CL
V of unlawful violence had duty to “retreat to the wall” before homicidal self defense necessary
self-defense: Modern rule
(35 states): stand your ground
self-defense: retreat rule: exceptions
(even in states that still have retreat rule)
1) D is in his own home, car, or office (castle exception) OR
2) retreat is not feasible alternative
