Affirmative Defenses Flashcards
1
Q
Self-Defense
A
- To the extent he reasonably believes such to be necessary to defend himself or another
- From what he reasonably believes to be the use or imminent use of unlawful physical force by such other person
2
Q
Self-Defense (Deadly Force)
A
Reasonable belief that deadly force is / will be used; OR
Reasonable belief that the other person is committing / attempting a kidnapping, rape, sodomy, or robbery
3
Q
Duty to Retreat (Minority)
A
Duty to retreat if it can be done safely before using force
4
Q
Castle Doctrine
A
No duty to retreat while within one’s own home
5
Q
Spousal Doctrine (NJ/Minority)
A
Spouses have a duty to retreat, even within their own home, if their spouse shares the dwelling
6
Q
Duress
A
- Threatening conduct sufficient to create in the mind of a reasonable person the fear of death or serious bodily harm
- The Conduct, in fact, caused such fear in the mind of D
- The fear was operating in the mind of D at the time of the alleged act
- D committed the act to avoid the alleged harm
7
Q
Necessity
A
- Situation of emergency without fault of the actor concerned
- So imminent and compelling as to raise a reasonable expectation of harm
- Emergency presents no reasonable opportunity to avoid the injury without the criminal act
- The impending injury must be of sufficient seriousness to outmeasure the criminal wrong (proportionality)
8
Q
Insanity: M’Naghten Test
A
- Clearly proved (by a preponderance of evidence)
- At the time of the act
D was under such a defect of reason from disease of the mind - As to not know the nature and quality of the act he was doing; OR if he did know, he did not know what he was doing was wrong
9
Q
Insanity: Model Penal Code
A
- As a result of mental disease or defect
- They lack the substantial capacity to appreciate the criminality; OR to conform his conduct to the requirements of the law
