Crim - Defense Flashcards
What is the general requirement for an insanity defense and the three most common test of this requirement?
D must have a mental disease or defect.
Three common test determine where this disease or defect renders D legally insane:
M’Naghten Test (majority - purely cognitive)
Irresistible Impulse Test (purely volitional)
MPC/MA Test (cognitive and volitional)
If D was insane at the time of the crime, then D is not guilty by reason of insanity.
What must D prove under the M’Naghten Test?
D must prove that he either (purely cognitive):
(a) did not know that his conduct was wrong OR
(b) did not understand the nature of his conduct.
What must D prove under the Irrestible Impulse Test?
D must prove that he either: (purely volitional)
(a) was unable to control his actions OR
(b) unable to confirm his conduct to the law
What must D prove under the MPC/MA Test?
D must establish that he lacked the substantial capacity to either:
(a) appreciate the criminality of his conduct; OR
(b) conform his conduct to the requirement of the law.
What is incompetency?
At the the time of trial, D cannot either:
(i) understand the nature of the proceeding against him; OR
(ii) assist his lawyer in the preparation of his defense.
If either shown, trial is postponed until D regains competency.
Diminished Capacity in Massachusetts?
Not a separate defense.
But a mental illness that does not amount to insanity may still reduce a first-degree murder to:
(1) second-degree murder, due to the absence of premeditation; or
(2) voluntary manslaughter, due to the absence of malice.
Common law approach to Voluntary Intoxication
(1) Can be defense to a specific intent crime only;
(2) Cannot be a defense to malice, general intent, or strict liability;
(3) Generally requires such severe “prostration of the faculties” that the D cannot form the requisite specific intent.
What are the rules for the defense of infancy?
(1) If, at the time of the crime, the D’s age is less than seven, prosecution is NOT allowed.
(2) If, at the time of crime, D’s age is less than fourteen, there is a rebuttable presumption against prosecution. [MA has not definitely recognized this presumption]
(3) If, at the time of crime, D’s age is 14 or older, prosecution is allowed.
What is the common law - mass rule for mistake of fact defense?
A reasonable mistake of fact will be a defense to any crime, except strict liability.
An unreasonable mistake of fact will be a defense ONLY to specific intent.
What is the common law/mass approach to mistake of law?
Generally mistake of law is NOT a defense.
Exception: If the statute specifically make knowledge of the law an element of the crime.
What is the rule for use of nondeadly force in self defense?
May use in self-defense if its:
(1) Reasonably necessary
(2) to protect against an immediate use
(3) of unlawful force against himself.
What is the rule for use of deadly force?
D may use deadly force in self-defense if he is facing an imminent threat of death OR serious bodily harm.
What is the initial aggressor rule?
May not use deadly force if initial aggressor unless
initial aggressor withdraws from the right and communicates the withdrawal OR
the victim suddenly escalates a nondeadly fight into a deadly one.
Does a defendant have to retreat before using deadly force in self-defense?
Majority Rule - NO!
Massachusetts/Minority Rule: Retreat is required unless
(i) D cannot retreat in complete safety; OR
(ii) D is in his home.
What happens if D is mistake about he need to use unlawful force in self-defense?
(1) Reasonable mistake: Complete defense
In MA - if belief in need to use deadly force is reasonable, but D uses excessive force in causing victim’s death, crime is voluntary manslaughter.
(2) Unreasonable Mistake
MA/Majority - NO DEFENSE
Minority Rule - Mitigates, but does not exonerate.
(i) An unreasonable belief in the need to use deadly force in self-defense will mitigate murder to (voluntary) manslaughter.
