Criminal Defenses Flashcards
6 DEFENSES TO CRIMINAL ACTS
What are the 6 defenses to criminal acts?
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
INSANITY
What are the 4 ways to establish insanity as a criminal defense?
NOTE: NY Distinction
INSANITY = AFFIRMATIVE DEFENSE
To establish insanity,
FIRST: ∆ must have a “mental disease or defect”, which is proven by…EITHER TEST BELOW…
SECOND: ∆ was insane at the time of the crime
4 TESTS FOR INSANITY
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) Irresistible 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):
∆ must prove that 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:
4) The NY Test (spin on M’Naghten Test):
∆ must prove he lacked substantial capacity to know/appreciate EITHER:
(i) the NATURE and CONSEQUENCES of his conduct;
OR
(ii) that his conduct was wrong
NOTE: ∆ MUST notify the PROSECUTOR w/in 30 days of entering “not guilty” plea of intent to raise the insanity defense
INSANITY versus INCOMPETENCY
What is the difference b/t insanity and incompetency?
INSANITY = the ∆ was insane AT THE TIME of the crime
INCOMPETENCY = 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
Is voluntary intoxication ever a defense to criminal activity?
NOTE: NY Distinction
(BAR EXAM FAVORITE)
SPECIFIC INTENT CRIMES ONLY
Can be a defense to specific intent crimes ONLY NO defense for:
(i) malice;
(ii) general intent; OR
(iii) strict liability crimes
BUT 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:
1) CAN be a defense to intent crimes and knowledge crimes, IF intoxication kept ∆ from forming the req’d state of mind
2) CANNOT be a defense to crimes of
(i) recklessness;
(ii) negligence; OR
(iii) strict liability
INFANCY
When isinfancy a defense to criminal conduct?
NOTE: NY Distinction
“Rule of Sevens”
1) If, at the time of crime, the ∆’s age IS LESS THAN 7, prosecution is NOT allowed
2) If, at the time of crime, the ∆’s age is LESS THAN 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 ADULTis 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
MISTAKE OF FACT
When is mistake of fact a defense to criminal conduct?
NOTE: NY Distinction
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
SAID DIFFERENTLY:
1) A REASONABLY mistake of fact will be a defense to ANY crime except for strict liability crimes
2) An UNREASONABLE mistake of fact will ONLY be a defense to SPECIFIC INTENT crimes
**NY DISTINCTION: a mistake of fact will be a defense IF the mistake negates the req’d mental state,
THUS, IN NY…
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
MISTAKE OF LAW
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 knowledge of the law an element of the crime (e.g. “selling a phony Rolex, knowing it is unlawful to do so”)
SELF DEFENSE: NON-DEADLY FORCE
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
Note: Common Forms of Non-Deadly Force = shoves and punches
SELF DEFENSE: DEADLY FORCE
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 initial 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 non-deadly 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 non-deadly fight into a deadly fight
…ALSO NOTE…
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
NOTE: Common Forms of Deadly Force = guns & knives
SELF DEFENSE & MISTAKEN USE
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) For 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 (“Imperfect Self-Defense”)
Force to Prevent Crime
When can force be used to prevent a crime OR in defense of others?
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
Force in Defense of Property
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:
(i) an intruder has gained entry in a violent manner;
AND
(ii) 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
FORCE and Resisting Unlawful Arrest
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
Force and USE BY POLICE
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
NECESSITY / CHOICE OF EVILS DEFENSE
When is necessity (“choice of evils”) a defense to criminal conduct?
Rule = necessity IS a defense IF the ∆ reasonably believes that the conduct was necessary to prevent a GREATER harm
LIMITATIONS: 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
