Criminal Law Flashcards
The issue is whether the woman can establish an NGRI defense when she took a knife from her backpack and held it against the man’s throat?
The defense of not guilty by reason of insanity (“NGRI”) is not supported by the evidence and likely cannot be established by the woman. Under State A’s NGRI statute, the woman must show that (1) she suffered from a severe mental disease or defect at the time of the charged crime and (2) as a result of that mental disease or defect, she did not know that her conduct was wrong. The two psychiatric reports support a finding that the woman suffered from a severe mental disease(schizophrenia) that caused her to experience delusional beliefs regarding alien photographers. But the evidence does not support a finding that the woman’s delusions prevented her from knowing that it was wrong to kidnap the man and force him at knifepoint to drive 85 mph on a busy highway just to avoid having her picture taken without compensation.
The issue is whether the man can be charged for the motorcyclist’s death when he sped up to 85 miles per hour weaving in and out of traffic to avoid other cars, lost control of the car, and killed the motorcyclist before crashing into a railing?
The facts support charging the man with some form of involuntary manslaughter (e.g., criminal-negligence manslaughter or unlawful-act manslaughter). First, the man’s actions caused the death of the motorcyclist. Second, anyone who drives 85 mph on a busy highway and tries to pass a motorcyclist (a relatively exposed and vulnerable highway user) on a curve while weaving in and out of traffic should be aware of a substantial and unjustifiable risk that another human being could be killed as a result of his conduct. Third, the man’s actions were a gross deviation from the standard of care that a reasonable person would have exercised in the same situation. Fourth, the man’s speeding and reckless driving were serious traffic violations sufficient to make the man criminally accountable for the resulting death in many jurisdictions.
The issue is whether the man has any available defenses when he is charged with a crime related to the motorcyclist’s death?
However, if the man is charged with manslaughter, he will almost certainly raise the affirmative defense of duress. Here, the facts support a legal finding of duress. The man’s conduct was caused by his reasonable belief that obeying the woman’s demand to drive faster was the only way for him to avoid imminent death or serious bodily injury. Moreover, because he was already driving the car on a busy highway when the woman pulled out the knife and placed it against his neck, he had no opportunity to extricate himself from the threatening situation. Finally, although duress generally cannot excuse a charge of intentional homicide, here the facts do not support a finding that the man’s killing of the motorcyclist was intentional.
