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MBE Crim Law > 7. Defenses > Flashcards

7. Defenses Flashcards

1
Q

What is a fully exculpatory defense?

A

A fully exculpatory defense relieves the defendant of any guilt or blame for the alleged crime.

As a result, the defendant is deemed ‘not guilty’ and is not subject to criminal punishment.

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2
Q

What is a partially exculpatory defense?

A

A partially exculpatory defense reduces the criminal defendant’s blameworthiness, such that the defendant is deemed ‘guilty’ of a lesser crime or is subject to a lesser punishment.

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3
Q

What is an Excuse defense?

A

An excuse defense admits the defendant’s conduct was wrongful but argues for reduced responsibility due to the circumstances of the crime.

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4
Q

What is a justification defense?

A

A justification defense asserts that the alleged criminal act was warranted, given the circumstances, and is not wrongful or blameworthy.

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5
Q

What are the Eight Defenses for Excuse?

A
  • Competency
  • Diminished Capacity
  • Duress
  • Intoxication
  • Insanity
  • Infancy
  • Entrapment
  • Mistake of Fact
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6
Q

What is Insanity in legal terms?

A

If the defendant is insane at the time of his criminal act, no criminal liability will be imposed for the criminal act.

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7
Q

What are the four tests for Insanity?

A
  • M’Naghten test
  • Irresistible Impulse test
  • Durham/New Hampshire rule
  • MPC test
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8
Q

What is the M’Naghten test?

A

A defendant can successfully assert an insanity defense if, at the time of the commission of the crime, the defendant did NOT have the mental capacity to distinguish between right and wrong.

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9
Q

What is the irresistible impulse test?

A

A defendant can successfully assert an insanity defense when, at the time of the commission of the crime, had a mental disease that kept her from controlling her conduct.

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10
Q

What is the Durham/New Hampshire Rule?

A

A defendant can successfully assert an insanity defense when, ‘but for’ his mental defect or disease, the crime would NOT have been committed.

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11
Q

What is the MPC test for Insanity?

A

A defendant can claim insanity if, due to a mental disorder, they lacked significant capacity to understand their crime’s wrongfulness or to act within the law at the time of the offense.

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12
Q

Does ‘Mental disease or defect’ include abnormalities manifested only by repeated criminal conduct?

A

No.

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13
Q

What is Incompetence in legal terms?

A

Incompetency prevents defendants from being tried, convicted, or punished unless they have sufficient present ability to consult counsel and a reasonable understanding of the proceedings.

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14
Q

What is Diminished Capacity?

A

Diminished capacity is a defense to prove that as a result of a mental defect, the defendant did or did not have a state of mind that is an element of the offense.

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15
Q

What is Voluntary Intoxication?

A

Voluntary intoxication can be an affirmative defense for specific intent crimes if the defendant proves their intoxication prevented them from forming the necessary mental state.

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16
Q

When is Voluntary Intoxication NOT a valid defense?

A

Voluntary Intoxication is NEVER a defense to:
* Strict liability crimes
* General intent crimes
* Negate recklessness or criminal negligence.

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17
Q

What is Involuntary Intoxication?

A

Involuntary intoxication is a valid defense when it negated the requisite mental state or caused temporary insanity.

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18
Q

When is Involuntary Intoxication NOT a valid defense?

A

Involuntary intoxication is NEVER a defense to a strict liability crime.

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19
Q

What is Infancy in legal terms?

A

At common law, a complete defense due to incapacity existed for children under seven years of age. Children between the ages of seven and 14 were presumed to lack criminal capacity.

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20
Q

What is Duress?

A

The defense of duress excuses criminal conduct when the defendant reasonably believes that the only way to avoid unlawful threats of great bodily harm or imminent death is to engage in unlawful conduct.

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21
Q

Can the threat for duress come from a force of nature?

A

No.

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22
Q

Is duress a valid defense to Murder?

A

No.

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23
Q

Is duress a valid defense to manslaughter?

A

Yes.

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24
Q

Is duress a valid defense to Felony Murder?

A

Yes.

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25
Q

What is Entrapment?

A

A defendant can assert the defense of entrapment if he was in no way predisposed to commit the crime and the criminal act was the product of creative activity originating with law enforcement.

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26
Q

When is there NO Entrapment?

A

It is NOT sufficient to prove that government officials encouraged criminal activity by:
* The opportunity for the commission of a crime
* The equipment for the commission of a crime.

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27
Q

Is a defendant’s past criminal record relevant for proving predisposition?

A

Yes.

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28
Q

What is Mistake of Fact?

A

Mistake of fact is a defense when the mistake negates the existence of a mental state required to establish a material element of the crime.

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29
Q

Can a mistake of fact be a defense to a malice or general-intent crime?

A

Yes, if the mistake was reasonable.

30
Q

Can a mistake of fact be a defense to a specific-intent crime?

A

Yes, even if the mistake was not reasonable, as long as it was HONEST.

31
Q

Can a mistake of fact be a defense to a strict liability crime?

A

No.

32
Q

What are the four justification defenses?

A
  • Self-Defense
  • Defense of Third Person
  • Defense of Property
  • Necessity
33
Q

What is Self-Defense?

A

When a person reasonably believes that he is in imminent danger of unlawful bodily harm, he has a right of self-defense that permits the use of reasonably necessary force.

34
Q

What is the subjective component of Self-Defense?

A

The person asserting the defense MUST actually and honestly believe that the use of force was necessary to protect herself.

35
Q

When does an initial aggressor NOT have a right of self-defense?

A

An initial aggressor does NOT have a right of self-defense unless:
* The victim observes the initial aggressor’s complete withdrawal
* The victim escalates the force level.

36
Q

Are subsequent acts of retaliation justifiable once an unlawful attack is over?

A

No.

37
Q

When is force reasonably necessary for self-defense?

A

Force is reasonably necessary when:
* It is proportional to the unlawful attack
* Necessary to avoid the harm threatened.

38
Q

When is deadly force reasonably necessary for self-defense?

A

Deadly force is reasonably necessary only when used to thwart an unlawful attack that threatens death or serious bodily injury.

39
Q

Does a person have a duty to retreat from an attack for self-defense?

A

In general, a person has NO duty to retreat from an attack that threatens deadly force.

40
Q

What is Defense of a Third Person?

A

A person is justified in using force to defend a third person to the same extent that the third person would be justified in using force to defend himself.

41
Q

Can Defense of a Third Person be a reasonable mistake?

A

Yes.

42
Q

Does the defendant have to have a special relationship with the third party for the Defense of a Third Person?

A

No.

43
Q

What is Defense of Property?

A

Reasonable, non-deadly force is justified in defending one’s property from theft, destruction, or trespass.

44
Q

Can defense of property be justified when used to reenter real property or regain possession of wrongfully taken personal property?

A

Yes.

45
Q

Can Force be used to protect property after the necessity or threat has passed?

A

No.

46
Q

Is Deadly Force justified when merely used to defend or retrieve property?

A

No.

47
Q

When is Deadly Force justified?

A

Deadly force may be justified where the defender reasonably believes an entry will be made or attempted in her dwelling by one intending to commit a felony.

48
Q

What is Necessity?

A

When a person reasonably believes that a perilous circumstance has created an imminent threat of bodily harm, he is justified to use reasonably necessary force to cause a lesser harm to avoid the greater harm.

49
Q

Does the threat have to come from a non-human force for necessity?

A

Yes.

50
Q

Can a defendant avail herself of the necessity defense even if the imminent threat of bodily harm concerned a harm to others?

A

Yes.

51
Q

When is force reasonably necessary for Necessity?

A

Force must be the case that no less harmful alternative course of action was available.

52
Q

Does the defense of necessity protect military personnel?

A

Yes.

53
Q

Can a defendant assert the defense of necessity when the defendant was at fault?

A

No.

54
Q

Can a police officer use non-deadly force?

A

Yes.

55
Q

Can a police officer use deadly force?

A

Yes, only to prevent the commission of a dangerous felony or to effectuate an arrest of a person reasonably believed to have committed a felony.

56
Q

Can a private citizen use non-deadly force?

A

Yes.

57
Q

Can a private citizen use deadly force?

A

Yes, to make an arrest if the crime was committed and reasonably believes the person committed the crime.

58
Q

What amount of non-deadly force can a private citizen use?

A

A private citizen can use non-deadly force that reasonably appears necessary to prevent:
* the commission of a felony
* a misdemeanor amounting to a breach of the peace

This is based on the principle of reasonable force in defense of others or property.

59
Q

Under what conditions can a private citizen use deadly force?

A

A private citizen may use deadly force if:
* a dangerous felony is involved
* the person against whom the force is used is actually guilty of the crime

This aligns with the principle of proportionality in the use of force.

60
Q

Can a private citizen mistakenly use deadly force to prevent the escape of a fleeing felon?

A

No, a private citizen cannot justify mistakenly using deadly force to prevent the escape of a fleeing felon.

The individual will be criminally liable if no dangerous felony was committed or if the victim was not the felon.

61
Q

Can police officers use deadly force to prevent the escape of a fleeing felon?

A

Yes, police officers may be justified in using deadly force in such situations even if they mistakenly use it.

This distinction underscores the greater authority and responsibility of law enforcement.

62
Q

When is public duty a viable defense for using reasonable force?

A

Public duty is a defense when a public official or private citizen:
* acts within their authority under a law, court order, or process
* reasonably believes that such authority is valid

This applies to situations where individuals are assisting others or enforcing the law.

63
Q

Can a defendant use reasonable, non-deadly force to resist an unlawful arrest?

A

Yes, a defendant may use reasonable, non-deadly force to resist an unlawful arrest.

This right is based on the principle of protecting one’s liberty against unlawful intrusion.

64
Q

When can an individual resist a lawful arrest by a police officer?

A

An individual may resist a lawful arrest only if they do not know that the other person is a police officer.

This emphasizes the importance of the individual’s awareness of the officer’s authority.

65
Q

Can parents use reasonable force on their children?

A

Yes, parents or those in loco parentis may use reasonable force to promote the child’s welfare.

The reasonableness of force is assessed based on the child’s age, sex, health, and misconduct.

66
Q

When is the Domestic Authority defense applicable in other situations?

A

The Domestic Authority defense can apply in situations where similar responsibilities exist, such as:
* a ship’s captain for the crew
* a warden for prisoners

This reflects the principle of authority and responsibility in various contexts.

67
Q

When is consent a viable defense to a crime?

A

Consent is not a defense to a crime except when it negates a specific element of the offense, such as in:
* rape
* kidnapping

This highlights limitations on the applicability of consent in criminal law.

68
Q

Is subsequent forgiveness by a victim a viable defense to a crime?

A

No, subsequent forgiveness by the victim is generally not a defense to the commission of a crime.

This underscores the principle that crimes are offenses against the state, not just the victim.

69
Q

When can Mistake of Law be a viable defense to a crime?

A

Mistake of Law can be a defense when:
* a statute was not made reasonably available
* the defendant relied on a statute or judicial decision that was later overruled
* the defendant relied in good faith on an erroneous statement of law

This emphasizes the importance of accessible legal knowledge.

70
Q

Can a mistake of law be a viable defense when an element of the alleged crime involves knowledge of the law?

A

Yes, a mistake of law can be a defense when an element of the alleged crime involves the defendant’s knowledge or awareness of the law.

This allows for consideration of the defendant’s understanding of legal responsibilities.

MBE Crim Law (8 decks)

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