Criminal Defenses Flashcards
What are the 6 defenses to criminal acts?
- 1) Insanity
- 2) Voluntary Intoxication
- 3) Infancy Other Defenses
- 4) Mistake
- 5) Self-defense (Justification)
- 6) Necessity (“Choice of Evils”)
- 7) Duress
- 8) Entrapment
Insanity:
3 MPC tests + NY
To establish insanity, ∆ must have a “mental disease or defect”, which is proven by…
1) M’Naghten Test (maj – purely cognitive):
- the ∆ must prove that he EITHER
- (i) did not know that his c_onduct was wrong_;
- OR (ii) did not understand t_he nature of his conduct_
2) Irresistable Impulse Test (purely volitional test): the ∆ must prove that he EITHER [NH only]
- (i) was unable to cntrl his actions;
- OR (ii) was unable to conform his conduct to the law
3) The MPC Test (cognitive/volitional test): If the ∆ lacked the substantial capicity to EITHER
- (i) appreciate the criminality of his conduct;
- OR (ii) conform his conduct to the requirements of the law
NY Test: (affirmative defense)
∆ must prove he lacked substantial capacity to know/appeciate EITHER (close to MPC but not as generous)
- (i) the n_ature and consequences_ of his conduct;
- OR (ii) that his conduct was _wrong _
procedure: must notify prosecution w/in 30 days of entering not guilty plea
What is the difference b/t insanity and incompetency?
Insanity = the ∆ was insane AT THE TIME of the crime
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
Voluntary intoxication ever a defense to criminal activity?
MBE/NY
(note- always for conspiracy, attempt)
Can be a defense to specific intent crimes ONLY NO defense for:
- (i) malice; (arson)
- (ii) general intent;
- OR (iii) strict liability crimes
Requires SEVERE drunkeness so that ∆ CANNOT form the requisite intent
- NOT a defense if: 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:
- applies to:
- CAN be a defense to intent crimes and knowledge crimes, IF intoxication kept ∆ from forming the req’d state of mind (arson)
- CANNOT be a defense to crimes of (i) recklessness; (ii) negligence; OR (iii) strict liability
Infancy:
CL, NY
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 r_ebuttable presumption against_ prosecution
- 3) If, at the time of crime, the ∆’s age is 14 or older, prosecution IS ALLOWED
NY:
- (< 7, no prosecution; 7-15: family court)
- 1) under 13: Criminal prosecution as an adult is NOT allowed (only juvenile delinquency proceedings)
- 2) is 13: Criminal prosecution as as adult is allowed for 2d degree murder ONLY
- 3) is 14 or 15: Criminal prosecution as adult allowed for serious crimes against persons or property
- 4) 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
CL:
- 1) Specific intent crimes: 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 : 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?
Rule = 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”)
Self-defense: (justification)
Non-deadly force
A ∆ may use non-deadly force, IF it is:
- 1) reasonably necessary
- 2) to protect against an _immediate us_e;
- 3) of unlawful force against himself
NY carveouts:
- i) with the intent to cause physical injury to another, he provoked the use/imminent use of such force
- (ii) he was the initial aggressor
- OR (iii) the use/imminent use of force is pursuant to unlawful combat agreement
When may a ∆ use DEADLY force in self-defense? NOTE: NY Distinction
A ∆ may use deadly force, IF reasonable AND he is facing an imminent threat of:
- (i) death;
- OR (ii) serious bodily injury…
- BUT… “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: [CL]
- (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
- the initial aggressor can “regain” his right to use deadly force IF: [CL]
- 2) The Retreat Rule:
- maj CL: retreat is NOT required 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 = COMPLETE defense
2) Unreasonable mistake:
- Majority/NEW YORK rule: no defense at ALL
- Minority/MPC rule:
- will MITIGATE but not exonerate
- MURDER to voluntary manslaughter
When can force be used to prevent a crime?
Depends.:
1) ANY serious breach of peace –> Non-deadly force
2) Deadly force ONLY to prevent a FELONY risking human life
When can force be used in defense of others?
D may use non-deadly force AND deadly force to protect others if victim could use either to defend self
Defense of property?
General rule: deadly force may NOT be used to defend property
EXCEPTION: an
- i) OCCUPANT may use deadly force
- ii) inside her DWELLING when:
- iii) an intruder has gained entry in a tumultuous manner;
- (iv) 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
Resist arrest?
NOTE: NY Distinction
If D knows/reasonably should know that person arresting is a police officer:
- Maj: may use non-deadly force IF the arrest is unlawful
- NY: 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
- (victim’s conduct posed imediate threat to his life or others’)
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
