Criminal Law 46-50

Question 1

Justification – Self-Defense

What is Imperfect Self-Defense?

Answer 1

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

Question 2

Voluntary Intoxication

vs.

Involuntary Intoxication

(as a defense)

Answer 2

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

Question 3

Defenses

Legal Impossibility

vs.

Factual Impossibility

Answer 3

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

Question 4

Defenses

Mistake of Fact

vs.

Mistake of Law

Answer 4

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

Question 5

What must a defendant prove to succeed with Entrapment as an affirmative defense?

Answer 5

That:

The police created the criminal environment; AND

The defendant was not predisposed to commit the crime.

Priority: Low