Criminal Defenses Flashcards
What are the capacity defenses to criminal acts?
1) Insanity 2) Voluntary Intoxication 3) Infancy
How do you establish insanity as an affirmative defense? NOTE: NY Distinction
To establish insanity, ∆ must have a "mental disease or defect", which is proven by... 1) M'Naghten Test (majority – purely cognitive): the ∆ must prove that he EITHER (i) did not know that his conduct was wrong; OR (ii) did not understand the nature of his conduct 2) The MPC Test (cognitive/volitional test): ∆ must establish he lacked the substantial capacity to EITHER (i) appreciate the criminality of his conduct; OR (ii) conform his conduct to the requirements of the law NY DISTINCTION (cognitive test): 1) ∆ must prove he lacked substantial capacity to know/appeciate EITHER: (i) the nature and consequences of his conduct; OR (ii) that his conduct was wrong2) ∆ must NOTIFY the prosecutor of his intention to raise the insanity defense within 30 days of entering a "not guilty" plea.
What is the difference b/t insanity and incompetency?
Insanity = the issue is whether ∆ was insane AT THE TIME of the crime. If yes, ∆ is not guilty by reason of insanity. Incomptency = the ∆ AT THE TIME of the trial CANNOT either... (i) understand the nature of the proceedings against him; OR (ii) assist his lawyer in the preparation of his defense... which will lead to a POSTPONED trial until ∆ regains competency
What is the common law approach and NY approach to the voluntary intoxication defense?
CL: Can be a defense to specific intent crimes ONLY. NO defense for: (i) malice; (ii) general intent; OR (iii) strict liability crimes. Requires SEVERE drunkeness so that ∆ CANNOT form the requisite intent - NOTE: Voluntary intoxication can NEVER be a defense IF the requisite intent was formed BEFORE THE INTOXICATION (i.e. to be a defense, must be drunk FIRST)
NY DISTINCTION: CAN be a defense to intent crimes and knowledge crimes, IF intoxication kept ∆ from forming the req’d state of mind CANNOT be a defense to crimes of (i) recklessness; (ii) negligence; OR (iii) strict liability
What are the rules for the infancy defense?
CL: “Rule of Sevens” 1) If, at the time of crime, the ∆’s age < 7, prosecution is NOT allowed 2) If, at the time of crime, the ∆’s age is < 14, there is a rebuttable presumption against prosecution 3) If, at the time of crime, the ∆’s age is 14 or older, prosecution IS ALLOWED
NY DISTINCTION: 1) If the ∆ is under 13: Criminal prosecution as an adult is NOT allowed (only juvenile delinquency proceedings) 2) If ∆ is 13: Criminal prosecution as as adult is allowed for 2d degree murder 3) If the ∆ is 14 or 15: Criminal prosecution as adult allowed for serious crimes against persons or property 4) If the ∆ is 16 or older: Criminal prosecution as an adult allowed for ANY crime
When is mistake of fact a defense to criminal conduct? NOTE: NY Distinction
Depends on the mental state for the crime AND whether the mistake was reasonable or unreasonable. If the mental state is 1) Specific intent: ANY mistake of fact (even an unreasonable one) IS a defense 2) Malice/general intent crimes: ONLY a reasonable mistake of fact provides a defense 3) Strict liability crimes: mistake of fact will NEVER be a defense
NY DISTINCTION: a mistake of fact will be a defense IF the mistake negates the req’d mental state, THUS… 1) Crimes of intent, knowlege or recklessness: ANY mistake of fact (even an unreasonable one) is a defense 2) Crimes of negligence: ONLY a reasonable mistake of fact is a defense 3) Strict liability crimes: mistake of fact is NEVER a defense
When is mistake of law a defense to criminal conduct?
Mistake of law is generally NOT a defense. EXCEPTION: if the statute specifically makes knoweldge of the law an element of the crime (e.g. “selling a phony Rolex, knowing it is unlawful to do so”)
When may a ∆ use nondeadly force in self-defense?
A ∆ may use non-deadly force, IF it is: 1) reasonably necessary 2) to protect against an immediate use; 3) of unlawful force against himself
When may a ∆ use DEADLY force in self-defense? NOTE: NY Distinction
A ∆ may use deadly force, IF he is facing an imminent threat of: (i) death; OR (ii) serious bodily injury …BUT… 1) The “Initial Aggressor”Rule: a ∆ may NOT use deadly force if he is the intitial aggressor (i.e. he started the fight) EXCEPTION: the initial aggressor can “regain” his right to use deadly force IF: (i) he withdraws from the fight and communicates the withdrawal to the other person; OR (ii) the victim suddenly escalates a nondeadly fight into a deadly one NY DISTINCTION: in NY, the initial aggressor must withdraw before using deadly force, EVEN IF the other party suddenly escalates a nondeadly fight into a deadly fight 2) The Retreat Rule: Majority rule - ∆ is NOT required to retreat retreat before using deadly force in self-defense. NY DISTINCTION: ∆ must retreat, UNLESS (i) ∆ cannot retreat in complete safety; OR (ii) ∆ is in his home
What happens if ∆ is mistaken abt the need to use unlawful force in self-defense? NOTE: NY Distinction
Depends… 1) Reasonable mistake is a COMPLETE defense 2) Unreasonable mistake — Majority/NEW YORK rule: NO defense at ALL — Minority/MPC rule: will MITIGATE but not exonerate (mitigates murder to voluntary manslaughter)
When can force be used to prevent a crime OR in defense of others?
1) Non-deadly force may be used, if reasonably necessary, to prevent any serious breach of the peace 2) Deadly force may be usedONLY to prevent a FELONY risking human life
A ∆ may use force and deadly force to protect others JUST AS THE SAME as he could use it to defend himself
When can deadly force be used in defense of property?
General rule: deadly force may NOT be used to defend property EXCEPTION: an OCCUPANT may use deadly force inside her DWELLING when an intruder has gained entry in a violent manner; AND the occupant reasonably believes that the use of deadly force is NECESSARY to prevent a personal attack on herself or someone else in the dwelling.
When can non-deadly force be used to resist arrest? NOTE: NY Distinction
If a ∆ knows or reasonably should know that the person performing the arrest is a police officer… the ∆ may use non-deadly force to resist, IF the arrest is unlawful
NY DISTINCTION: force may NOT be used to resist an arrest–EVEN an unlawful one–UNLESS the arresting officer uses excessive force
When can a police officer use deadly force? NOTE: NY Distinction
An officer may use deadly force ONLY WHEN doing so is reasonable under the circumstances.
NY DISTINCTION: Deadly force is reasonable ONLY WHEN (i) the felon threatens death or serious bodily harm;AND (ii) deadly force is necessary to prevent his ESCAPE
When is necessity (“justification in NY”) a defense to criminal conduct?
necessity IS a defense IF the ∆ reasonably believes that the conduct was necessary to prevent a GREATER harm LTDS:The necessity defense is UNAVAILABLE IF: 1) the ∆ causes the death of another person to protect property; OR 2) the ∆ is at fault in creating a situation that creates a choice of evils
