Criminal Law _ General Principles Flashcards
M’Naghten Test:
INSANITY DEFENSES
- Mental Disease
- Cannot appreciate “Nature & Quality” of actions
- Cannot understand what you are doing is wrong
Example:
o A small child hits you over the head with a baseball bat and laughs about it. He is not developed enough to understand that the nature of his actions is wrong
Model Penal Code:
INSANITY DEFENSES
- Defendant lacked “Substantial Capacity” to
appreciate criminal conduct
AdaptiTip:
The Federal Standard of Proof for Insanity is …
INSANITY DEFENSES
The Federal Standard of Proof for Insanity is* Clear & Convincing Evidence*
Voluntary Intoxication:
INTOXICATION DEFENSES
- Voluntarily getting drunk
- Defense to** Specific Intent Crimes**
AdaptiTip
All crimes are specific intent crimes except for the general intent crimes of: MS/ B / A / R / K
INTOXICATION DEFENSES
All crimes are specific intent crimes except for the general intent crimes of Manslaughter, Battery, Arson, Rape, and Kidnapping
Involuntary Intoxication:
INTOXICATION DEFENSES
- Intoxication without knowledge/consent
- Defense to ALL crimes
Example:
o You were drugged or something was put in your drink without your knowledge
Mistake - Specific Intent Crime
MISTAKE & IMPOSSIBILITY DEFENSES
- The question will use the word “mistake”
- Reasonable AND Unreasonable Mistake are defenses
NOTE: The mistake must negate the element of intent
Mistake – General Intent Crime:
MISTAKE & IMPOSSIBILITY DEFENSES
- Reasonable Mistake ONLY is a defense
Legal Impossibility:
MISTAKE & IMPOSSIBILITY DEFENSES
Impossibility:
* The question will rarely use the term “impossibility”
**Legal Impossibility:
*** ALWAYS a defense
* Elements of the crime were not met
Impossibility:
* The question will rarely use the term “impossibility”
Examples:
o Burning down your own home is not common law arson
o Pointing a gun and pulling the trigger, but the gun had no bullets
Factual Impossibility:
MISTAKE & IMPOSSIBILITY DEFENSES
- NEVER a defense
- **Elements **of the crime were met
Entrapment
ENTRAPMENT & DURESS
1) Law Enforcement creates criminal activity
2) Defendant not predisposed to commit crime
Predisposition (Definiton): The defendant has no prior experience or knowledge concerning the crime
Duress + Exception(?)
ENTRAPMENT & DURESS
Duress:
Reasonable Belief of threat of great bodily harm or death
Exception – Duress:
NEVER a defense to Murder
Self-Defense:
1) Reasonable Belief of imminent danger or bodily harm
2) Return the same Level of Force
3) Deadly Force only allowed for Deadly Force
Defense of Others:
1) Reasonable Belief a third party is in imminent danger
2) Return the same Level of Force
Defense of Property:
1) Reasonable Force to defend property
2) Never Deadly Force unless fear of being killed
NOTE: You cannot use deadly force to defend property, unless you are in fear for your own life or the life of another. Then it may become self-defense
