Criminal Defenses Flashcards
Entrapment
Officer convinced you to do something you wouldn’t usually do
Objective = reasonable person standard
Subjective = personal can look at criminal history
Self-defense
Same level of force as aggressor
Must fear imminent harm
Duty to retreat before using force
Immanency
Subjective = what that person believed
Objective = what a reasonable person believed
Exceptions
Castle doctrine = no duty to retreat to use deadly force
Stand your ground laws
Battered women syndrome
Long term abuse and kill their abuser
Affirmative defense
Intoxication
Voluntary = no defense
Involuntary = defense
Insanity
Looked at at the time of the incident
M’Naughten
Irresistible impulse
M’Naughten
Don’t know the nature and quality of their actions
Irresistible impulse
Can not control themselves
Competency
Does not understand proceedings and parties
Cannot assist in their defense
Looked at at time of trial
Infancy
Cannot form intent
No mens rea