Criminal Defenses Flashcards

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1
Q

What are the 6 defenses to criminal acts?

A

Capacity Defenses 1) Insanity 2) Voluntary Intoxication 3) Infancy Other Defenses 4) Mistake 5) Self-defense (Justification) 6) Necessity (“Choice of Evils”) 7) Duress 6) Entrapment

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2
Q

What are the 4 ways to establish insanity as a criminal defense? NOTE: NY Distinction

A

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) Irresistable Impulse Test (purely volitional test): the ∆ must prove that he EITHER (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 DISTINCTION: 4) The NY Test: ∆ must prove he lacked substantial capacity to know/appeciate EITHER: (i) the nature and consequences of his conduct; OR (ii) that his conduct was wrong

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3
Q

What is the difference b/t insanity and incompetency?

A

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

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4
Q

Is voluntary intoxication ever a defense to criminal activity? NOTE: NY Distinction

A

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

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5
Q

When isinfancy a defense to criminal conduct? NOTE: NY Distinction

A

“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 ONLY 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

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6
Q

When is mistake of fact a defense to criminal conduct? NOTE: NY Distinction

A

For… 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 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

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7
Q

When is mistake of law a defense to criminal conduct?

A

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”)

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8
Q

When may a ∆ use nondeadly force in self-defense?

A

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

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9
Q

When may a ∆ use DEADLY force in self-defense? NOTE: NY Distinction

A

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 that ∆ 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

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10
Q

What happens if ∆ is mistaken abt the need to use unlawful force in self-defense? NOTE: NY Distinction

A

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 An unreasonable belief in need to use deadly force in self-defense will mitigate MURDER to voluntary manslaughter

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11
Q

When can force be used to prevent a crime OR in defense of others?

A

Depends… Re: preventing crime 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 Re: defense of others A ∆ may use force and deadly force to protect others JUST AS THE SAME as he could use it to defend himself

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12
Q

When can deadly force be used in defense of property?

A

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 tumultuous 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

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13
Q

When can non-deadly force be used to resist arrest? NOTE: NY Distinction

A

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

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14
Q

When can a police officer use deadly force? NOTE: NY Distinction

A

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

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15
Q

When is necessity (“choice of evils”) a defense to criminal conduct?

A

Rule = 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

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16
Q

When is duress a defense to criminal conduct? NOTE: NY Distinction

A

Rule = duress is a defense IF the ∆ was coerced to commit a crime b/c of a threat, from another person, of imminent deathOR serious bodily injury to himself or a close family member LTD: duress CANNOT be a defense to HOMICIDE NY DISTINCTION: duress CAN be an affirmative defense to homicide

17
Q

When is entrapment a defense to criminal conduct?

A

VERY NARROW DEFENSE!! Available to a ∆ ONLY IF: 1) the criminal design ORIGINATED w/ the gov’t; AND 2) the ∆ was not PREDISPOSED to commit the crime