Criminal Law 41-50 Flashcards
Insanity
What is the Model Penal Code Test?
As a result of a mental disease or defect, the defendant was:
Unable to appreciate the criminality of the conduct; OR
Unable to conform his actions to the law.
Priority: Low
Insanity
What is the Irresistible Impulse Test?
Defendant’s mental illness made him:
Unable to control his actions; OR
Unable to conform his actions to the law.
Priority: Low
Insanity
What is the Durham Test?
Defendant must show that his unlawful conduct was the product of mental illness.
Priority: Low
Justification – Self-Defense
Deadly Force
vs.
Non-Deadly Force
Deadly Force is justified when: (1) the defendant kills another on a reasonable belief, (2) that he was in imminent danger of being killed or suffering great bodily injury, and (3) the use of deadly force was necessary to defend against the danger.
Non-Deadly Force is justified when: (1) the defendant reasonably believes, (2) that he is imminent danger of being harmed, and (3) the force used is proportional to the harm threatened.
Priority: Medium
When may an aggressoruse self-defense?
If:
He withdraws from the altercation andcommunicates such intent; OR
The other person suddenly escalates the fight with deadly force and withdrawal is not possible.
Priority: Medium
Justification – Self-Defense
What is Imperfect Self-Defense?
When the defendant kills another based on a good faith belief that:
She was in imminent danger of being killed or suffering great bodily injury; AND
The use of deadly force was necessary to defend against the danger; BUT
At least one of those beliefs was unreasonable.
*This can reduce a murder charge to manslaughter.
Priority: Low
Voluntary Intoxication
vs.
Involuntary Intoxication
(as a defense)
Voluntary Intoxication: ONLY a defense to specific intent crimes if it negates the state of mind required to commit the offense.
Involuntary Intoxication: A defense to ALL crimes if the defendant is deemed insane at the time of the offense.
Priority: Low
Defenses
Legal Impossibility
vs.
Factual Impossibility
Legal Impossibility: IS a defense. Occurs when the defendant’s acts would nothave constituted a crime, even if the acts were as the defendant assumed.
Factual Impossibility: Is NOT a defense. Occurs when the defendant’s acts would have constituted a crime, BUT FOR a circumstance or fact unknown to the defendant.
Priority: Medium
Defenses
Mistake of Fact
vs.
Mistake of Law
Mistake of Fact: Is a defense if it negates the state of mind required for the offense.
Mistake of Law (not knowing the activity was illegal): Generally, NOT a defense to a crime.
Priority: Low
What must a defendant prove to succeed with Entrapment as an affirmative defense?
That:
The police created the criminal environment; AND
The defendant was not predisposed to commit the crime.
Priority: Low
