(8) Criminal Law: Defenses Flashcards
What are the potential Defenses? Hint: IIP COMEDIANS
Overview
- Self-Defense
- Defense of Others
- Defense of Property
- Insanity
- Intoxication
- Impossibility
- Necessity
- Mistake of Law/Fact
- Entrapment
- Age
- Duress
- Consent
Types of:
Self Defense
Overview
- Self Defense w/Non-Deadly Force
- Self Defense with Deadly Froce
- Imperfect Self Defense
Self Defense w/Non-Deadly Force
Defenses - Self Defense
The use of non-deadly force is justified when (1) the D reasonably believes; (2) that he is in imminent danger of being harmed.
Self Defense w/Deadly Force
Defenses - Self Defense
The use of deadly force is justified when (1) the D kills another based on a reasonable belief; (2) that he was in imminent danger of being killed or suffering great bodily injury; (3) AND the use of deadly force was necessary to defend against the danger.
Self Defense w/Deadly Force:
Duty to Retreat
Defenses - Self Defense
There is a duty to retreat in minority jurisdictions unless the D shows that there was no opportunity to retreat OR the retreat could not have been accomplished safely.
Self Defense w/Deadly Force:
Aggressor
Defenses - Self Defense
An aggressor may only use force in self defense if (a) they withdraw from the altercation and communicate such intent; OR (b) the other person suddenly uses deadly force and withdrawal is not possible.
Imperfect Self-Defense
Defenses - Self Defense
Mitigates murder to voluntary manslaughter. Imperfect self defense is applicable when the D kills another based on good faith belief that (1) they were in imminent danger of being killed or suffering great bodily injury; AND (2) the use of deadly force was necessary to defend against the danger; BUT (3) at least one of those beliefs was unreasonable.
*maybe applied in the defense of others.
Defense of Others
Defenses
A person has the right to defend others under the same circumstances in which self defense would be acceptable. The person would step into the shoes of the other.
General Rule & Rule re: Force
Defense of Property
Defenses
A person in lawful possession of property may take reasonable steps to protect the property.
To use force the person must reasonably believe that the property is in immediate danger of unlawful trespass or immediate danger of being carried away. Force cannot be disproportionate. There is no right to use deadly force in defending property unless the D reasonably believes another intends to commit a felony inside their dwelling.
Types of Tests:
Insanity
Overview
- M’Naughten
- MPC
- Irresistible Impulse
- Durham Test
What burden of proof is required for insanity?
Defenses - Insanity
Federal: Clear and Convicincing in Federal
M’Naghten Test
Defenses - Insanity
D is not guilty if due to a mental disease they did not know either (a) the nature and quality of the act; OR (b) the wrongfulness of the act.
*Assess whether the D’s actions would have been criminal if the facts were as the D believed them to be.
MPC/Substantial Capacity Test
Defenses - Insanity
The D is not guilty if at the time of conduct they did not have substantial capacity to appreciate the wrongfulness of the act or conform their conduct to the law due to the mental disease.
AKA: Combination of the M’Naghten test and Irresistible Impulse test.
Irresistible Impulse Test
Defenses - Insanity
The D is not guilty is they (a) were unable to control their actions or (b) conform their conduct to the law because the mental disease prevented. (Must be an impulse the D cannot resist – does not need to be sudden).
Durham Test
Defenses - Insanity
A D is not guilty if the unlawful act was the product of the D’s mental disease or defect and would not have been committed but for the disease.