Capacity and Defenses Flashcards
M’Naghten Rule
D is entitled to an acquittal if the proof establishes that a disease of the mind caused a defect of reason, such that the defendant lacked the ability at the time of his actions to either (1) know the wrongfulness of his actions; or (2) understand the nature and quality of his actions
MPC Test for Insanity
D is entitled to an acquittal if he had a mental disease or defect, and, as a result, lacked the substantial capacity to either appreciate the criminality of his conduct OR conform his conduct to the law
Burden of Proof for Insanity Defense
D must prove by POE (most states); P must prove beyond a reasonable doubt (MPC)
Raising the Insanity Defense
May be raised after arraignment; by doing so, D puts his sanity in issue and must submit to psychiatrist
Incompetency to Stand Trial
D is unable to (1) understand the nature of the proceedings being brought against him, or (2) assist his lawyer in the preparation of his defense (DPC issue)
Voluntary Intoxication
Defense to specific intent crimes because it negates purpose or knowledge; NOT a defense to SL crimes or crimes requiring malice (e.g., murder), recklessness (despite “conscious” req), or negligence
Involuntary Intoxication
Involuntary if it results from taking substance (1) without knowledge of its nature, (2) under direct duress imposed by another, or (3) pursuant to medical advice while unaware of intoxicating effect. Treated same as insanity defense.
Infancy
CL: physical age at the time of the crime governs. <7: no liability; 7-14: rebuttable presumption of no liability; 14< adult
MPC: juvenile courts have jx over kids <16
Self-Defense
Individual who is without fault can use such force as she reasonably believes is necessary to protect herself from imminent unlawful force; no duty to retreat
Aggressor may use S-D only when initial aggressee escalates situation srsly or if aggressor communicates withdrawal
Defense of Dwelling
Use of nondeadly force OK if reasonable belief that it’s necessary to protect unlawful entry/attack; use of deadly force OK only if tumultuous entry and reasonable belief that force is necessary or reasonable belief someone intends to commit a felony inside
Defense of Other Property
Nondeadly force OK if reasonable belief that force is needed and need to use force appears imminent (must first ask for desist)
Not OK to use if someone takes your shit unless you’re in hot pursuit
Force by Police Officer
PO cannot use deadly force to apprehend an unarmed, nondangerous felon, but may use deadly force to prevent a felon from escaping if PO has probably cause that he poses a threat of bodily harm to others
Force by Private Citizen to Effectuate Arrest
Person has defense to use of deadly force only if the person harmed was actually guilt of the felony for which the arrest was made (no reasonable belief). Person can use nondeadly force to make arrest based on reasonable belief
Necessity
Criminal conduct was necessary to avoid some harm to society that would exceed the harm caused by the conduct (objective); unavailable if D created the situation
Duress (AKA Compulsion or Coercion)
A person is not guilty of an offense other than intentional homicide if he performs a criminal act under the threat of imminent infliction of death or great bodily harm provided that he reasonably believes death or great bodily harm will be inflicted on himself or his immediate family (or 3Ps–sometimes) if he doesn’t perform
