(8) Criminal Law: Defenses Flashcards

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1
Q

What are the potential Defenses? Hint: IIP COMEDIANS

Overview

A
  1. Self-Defense
  2. Defense of Others
  3. Defense of Property
  4. Insanity
  5. Intoxication
  6. Impossibility
  7. Necessity
  8. Mistake of Law/Fact
  9. Entrapment
  10. Age
  11. Duress
  12. Consent
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2
Q

Types of:

Self Defense

Overview

A
  1. Self Defense w/Non-Deadly Force
  2. Self Defense with Deadly Froce
  3. Imperfect Self Defense
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3
Q

Self Defense w/Non-Deadly Force

Defenses - Self Defense

A

The use of non-deadly force is justified when (1) the D reasonably believes; (2) that he is in imminent danger of being harmed.

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4
Q

Self Defense w/Deadly Force

Defenses - Self Defense

A

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.

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5
Q

Self Defense w/Deadly Force:

Duty to Retreat

Defenses - Self Defense

A

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.

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6
Q

Self Defense w/Deadly Force:

Aggressor

Defenses - Self Defense

A

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.

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7
Q

Imperfect Self-Defense

Defenses - Self Defense

A

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.

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8
Q

Defense of Others

Defenses

A

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.

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9
Q

General Rule & Rule re: Force

Defense of Property

Defenses

A

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.

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10
Q

Types of Tests:

Insanity

Overview

A
  1. M’Naughten
  2. MPC
  3. Irresistible Impulse
  4. Durham Test
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11
Q

What burden of proof is required for insanity?

Defenses - Insanity

A

Federal: Clear and Convicincing in Federal

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12
Q

M’Naghten Test

Defenses - Insanity

A

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.
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13
Q

MPC/Substantial Capacity Test

Defenses - Insanity

A

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.

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14
Q

Irresistible Impulse Test

Defenses - Insanity

A

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).

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15
Q

Durham Test

Defenses - Insanity

A

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.

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16
Q

Definition:

Voluntary Intoxication

Defenses

A

Voluntary intoxication is the intentional taking of a substance known to be intoxicating; no intention of actual intoxication is needed.

17
Q

Voluntary Intoxication - Specific Intent Crimes Rule

Defenses

A

Voluntary intoxication is a defense to specific-intent crimes if the intoxication prevents the formation of the required intent.

18
Q

Voluntary Intoxication - MPC Rule

Defenses

A

Voluntary intoxication is a defense for crimes in which the mental state requires purposely or knowingly and the intoxication prevents the formation of the mental state.

19
Q

When is Voluntary Intoxication NOT a defense?

Defenses

A

Voluntary intoxication is not a defense when one does it purposefully to use it as a defense. When the crime involves malice, recklessness, negligence or is a strict liability crime.

20
Q

Involuntary Intoxication

Defenses

A

Involuntary intoxication is a defense when the intoxication negates an element of the crimes for general, specific, and malice crimes. Involuntary intoxication occurs when: a substance is taken (a) without knowledge of the intoxicating nature or (b) under duress.

21
Q

Types of:

Impossibility

Defenses

A
  1. Legal Impossibility
  2. Factual Impossibility
22
Q

Legal Impossibility

Defenses

A

Is a defense if the legal impossibility occurs when the D’s acts would not have constituted a crime even if the acts were as the D assumed.

23
Q

Factual Impossibility

Defenses

A

Is not a defense to an incomplete crime. Factual impossibility is when the D’s acts would have constituted a crime but for a circumstance or fact unknown to the D.

AKA: if the facts were as D assumed they would have committed a crime

24
Q

Necessity

Defenses

A

Necessity is a defense if the D commits a crime due to the forces of nature. However if the D put those forces into action or there is a reasonable non-criminal alternative, then necessity is not a defense.

(May still be liable under tort law)

25
Q

Types of:

Mistake

Defenses

A
  1. Mistake of Law
  2. Mistake of Fact
26
Q

Mistake of Law

Defenses

A

Mistake or ignorance of the law is generally not a mistake except when: (a) an honestly held mistake of law negates the required intent or mental state; (b) a statute defining the crime was not reasonably made available prior to the conduct; (c) there is reliance on the decision of a court or official interpretation of the law that is determined to be wrong after the conduct.

27
Q

Rule & Determining Reasonableness:

Mistake of Fact

Defenses

A

Mistake of fact is a defense if it negates the state of mind required for the offense. For general intent or malice crimes the mistake must be reasonable, for specific intent crimes the mistake may be unreasonable, does not apply to strict liability.

Determining Reasonability: A D’s physical characteristics, experiences, and knowledge are taken into account to determine if something is reasonable.

28
Q

Entrapement

Defenses

A

Must be proven by a preponderance of the evidence by the D that (1) the police or government actor created a criminal environment; AND (2) the D was not predisposed to commit the crime.

29
Q

When is there a lack of predisposition?

Defenses - Entrapment

A

There is a lack of predisposition when the D was not otherwise intending to commit the crime but only did so because the police applied pressure or some sort of other unfair deceit.

30
Q

Common Law & Modern Trend:

Age

Defenses

A

Common Law Rule: At common law a child under 7 could not be convicted of a crime. A child between 7-14 is rebuttably presumed to be incapable of committing a crime. A child at least 14 years old could be charged as an adult.

Modern Trend: No child can be convicted of a crime until they are between the ages of 11 and 14 years old.

31
Q

Duress

Defenses

A

Duress is a defense when a 3rd parties unlawful threat causes the D to reasonably believe that the only way to avoid death or serious bodily injury to themselves or another is to the break the law.

32
Q

Is Duress a valid defense for intentional murder or felony murder?

Defenses - Duress

A

Duress is not a defense to intentional murder but is to the underlying felony in felony murder.

33
Q

Consent

Defenses

A

Consent is a defense if consent negates a required element of the crime or precludes the harm sought to be avoided by the crime. Consent must be voluntary.