Crim Law: Defenses

Question 1

Insanity

Answer 1

3 tests:
CL/Majority - M’Naughton Test
Modern - Irresistible Impulse
Model Penal Code

Question 2

M’Naughten Rules (Common Law, Majority)

Answer 2

Mental illness precluded

1. Knowing right from wrong, OR
2. Understanding the nature and quality of the act
   eg. 1. Thought god gave permission to kill
3. Thought strangling children instead of child

Question 3

Irresistible Impulse

Answer 3

Mental illness precluded ability to control actions or conform conduct to law
eg. Could not resist the voices inside head.

Question 4

MPC

Answer 4

Mental illness resulted in lack of substantial capacity:

1. Appreciate wrongfulness of conduct, OR
2. Conform conduct to law.

Question 5

Intoxication

Answer 5

Involuntary: Without knowledge or against will
*Defense against ALL crimes if satisfy insanity defense.
Voluntary: Knowingly self-induced.
*Defense against SI comes if negates MR.

Question 6

Darcy slips LSD into Emma’s drink. Intoxicated, Emma robs and burns down store, kills one clerk and injures another whom she takes hostage. Charged with arson, robbery, and kidnapping. Does she have a defense.

Answer 6

Yes –involuntary

Question 7

After purposefully getting herself high on LSD, Emma robs and burns down store
a. charged with robbery
b. charged with arson and kidnapping
c. charged with murder
d. charged with first-degree murder
e. Charged with conspiracy and attempted murder.
Does she have a defense?

Answer 7

A. Yes
B. NO
C. NO
D. YES
E. YES

Question 8

Infancy: CL and MPC

Answer 8

CL: under 7 no liability; under 14 - no liability; rebuttable by clear showing d appreciated nature. greater than 14: liability as adult
MPC: under 16L juvi court has exclusive jurisdiction for “delinquency” ; 16-17 same unless juvi court approves for trial as adult in criminal court.

Question 9

Mistake of Fact: Specific Intent crimes

Answer 9

Elements:
1. ANY mistake that negates MR, however unreasonable. Eg. took tools from contraction site, implausibly believing abandoned.

Question 10

Mistake of Fact: General Intent and Malice

Answer 10

Elements:

1. Reasonable mistake that negates MR.
   eg. Reasonably though mistakenly believed sex was consensual.

Question 11

Mistake of Fact: Strict Liability

Answer 11

NO DEFENSE.

eg. Reasonably believed sexual partner was adult

Question 12

Mistake of Law

Answer 12

NO DEFENSE generally–eg smoked pot not knowing illegal.
Exception:
1. Relied on interpretation of official responsible for interpreting or enforcing law at issue. eg. State AG gave opinion on reach of crime law, which state court later contradicts.
2. MR of crime includes knowledge of relevant law. eg. criminal tax evasion requires knowledge of legal duty to pay taxes in question.

Question 13

Self Defense: Non Deadly Force

Answer 13

REASONABLY believed force used was necessary to defend against imminent unlawful force.
RETREAT NOT REQUIRED.

Question 14

Self Defense: Deadly force

Answer 14

REASONABLY believed force used was necessary to defend against imminent unlawful DEADLY force or SERIOUS bodily injury.
RETREAT: 
Majority: NOT REQ'D
Minority/CL: required UNLESS
1. home
2. rape or robbery
3. making lawful arrest

Question 15

Self- Defense: Aggressor

Answer 15

NO right to self-defense UNLESS

a. Withdrawal + communication, OR
b. Escalation from non deadly force to deadly force by victim.

Question 16

At home, Bennet ridicules Wickham, mocking his son-in-law’s intelligence and masculinity. Wickham charges at Bennet with a knife, but the latter shoots and kills him. Is there self-defense?

Answer 16

Yes. At his home, Mere words not enough to provoke.

Question 17

At home, Bennet ridicules Wickham. Wickham swings a punch at his father in law, who shoots him but misses. before Bennet can fire another shot, Wickham stabs him in the chest, killing him. Is there self-defense?

Answer 17

Yes, escalation from non deadly force to deadly force by victim.

Question 18

At home, Bennet ridicules Wickham, who punches him in the face and walks away. B chases him down in the street and punches him back. Is there self-defensee?

Answer 18

NO. there was no withdrawal.

Question 19

Defense of Others

Answer 19

May use such force to defend others (nondealy or deadly) as REASONABLY believed others may use to defend themselves.

Question 20

Jane overhears her neighbor C screaming for help and telling her husband Bill to stop hurting her. Jane dashes over, sees C tied up and B apparently about to whip her, and punches him. In fact, Charlotte and Bill were role playing. Does Jane have defense?

Answer 20

Yes!. J reasonably believed that C needed help.

Question 21

Defense of property.

Answer 21

Nondeadly force: Reasonably believed necessary to prevent imminent unlawful entry or dispossession.
Deadly: NOT ALLOWED to protect property. Narrow exception in HOME if reasonably believed necessary to defend against entry with intent to (seriously) injure or commit (forcible) felony

Question 22

Duress

Answer 22

Defense for crimes, excluding homicides if reasonably believed
Under threat by another person
of Imminent death or serious bodily injury
To self or family (or third party)
No reasonably way out of situation
Not at fault in bringing about situation.

Question 23

Necessity

Answer 23

Defense for crimes, likely excluding homicides, if reasonably believed
Necessary to avoid greater imminent harm to society
From Natural forces.
NO killing to protect property. Likely not even to protect more lives.

Question 24

K burns B’s house to prevent rapidly spreading fire from consuming rest of neighborhood. Is there a defense?

Answer 24

Yes, Necessity.

Question 25

Firefighters appear to be controlling neighborhood blaze, but K burns B’s house for safe measure. is there defense?

Answer 25

No because there was no necessity.

Question 26

R credibly threaten to break B’s arm unless he burglarizes a neighbor’s home. Is there defense for B?

Answer 26

Yes, duress.

Question 27

R credibly threaten to post embarrassing pic of B unless he burglarizes a neighbor’s home. Is there defense for B?

Answer 27

No. There is no necessity or duress.

Question 28

Unemployed and out of money, D steals bread from bakery to avoid starving to death. Is there a defense.

Answer 28

NO.

Question 29

Entrapment

Answer 29

Narrow defense that requires showing:

1. Criminal design ORIGINATED with government, AND
2. D NOT Presdisposed to commit the crime.
   * Opportunity is NOT entrapment.
   * State Actor ONLY.

Question 30

Undercover cop offers to sell drugs to Elizabeth, who buys some. Is this entrapment?

Answer 30

NO, opportunity is NOT entrapment.

Question 31

Undercover cop unsuccessfully offers to sell drugs to E over a dozen times throughout the year. The cop successfully befriends E, and on the thirteenth try, E buyers after the cop claims he needs the money for an operation. Is this entrapment?

Answer 31

Yes!!!