Criminal Law - Capacity Defenses

Question 1

Insanity - The First Requirement

Answer 1

D must have a mental disease or defect ; couple with one of two tests

Question 2

Insanity - M’Naghten Test (Majority Test - Purely Cognitive)

Answer 2

The D must prove that he either:

(a) did not know that his conduct was wrong, or
(b) did not understand the nature of his conduct

Question 3

Insanity - MPC Test (25% of state; Cognitive AND Volitional

Answer 3

D must establish that he lacked the substantial capacity to EITHER:

(a) appreciate the criminality of his conduct, or
(b) unable to conform his conduct to the requirements of law

Question 4

Insanity - Distinguished from Incompetency

Answer 4

The issue is whether D was insane at the time of the crime. If he was, D is not guilty by reason of insanity.

Question 5

Incompetency - Issue

Answer 5

The issue is whether, at the time of trial, the D cannot either:

(1) understand the nature of the proceedings against him; OR

(2) assist his lawyer in the preparation of his defense

Question 6

Incompetency - When issues are established

Answer 6

If either (1) or (2) is established, trial is postponed until the D regains competency

Question 7

Voluntary Intoxication - Common Law Approach (3)

Answer 7

1. Can be a defense to SPECIFIC intent crimes ONLY
2. Cannot, therefore, be a defense to malice, general intent, or strict liability crimes
3. The defense of intoxication generally requires such severe “prostration of the faculties” that the defendant cannot form the requisite specific intent

Question 8

Infancy - Common Law (“Rule of Sevens” - 3)

Answer 8

1. If, at the time of the crime, the D’s age is less than 7 prosecution is NOT allowed.
2. If, at the time of the crime, the D’s age is less than 14, there is a REBUTTABLE presumption against prosecution.
3. If, at the time of crime, the D’s age is 14 or older, prosecution IS allowed.

Question 9

Mistake - Mistake of Fact (Common Law Approach)

Answer 9

Whether a D’s mistake of fact will be a defense depends upon the mental state for the crime and whether the mistake is reasonable or unreasonable

Question 10

Mistake - Mistake of Fact (Common Law Approach - Specific Intent Crimes)

Answer 10

ANY mistake of fact (even an unreasonable one) will be a defense

Question 11

Mistake - Mistake of Fact (Common Law Approach - Malice / General Intent Crimes)

Answer 11

Only a reasonable mistake of fact will be a defense

Question 12

Mistake - Mistake of Fact (Common Law Approach - Strict Liability Crimes)

Answer 12

Mistake of fact will NEVER be a defense

Question 13

Mistake - Mistake of Fact (Common Law Redux)

Answer 13

Therefore:

1. A reasonable mistake of fact will be a defense to ANY crime, except a crime of strict liability
2. An unreasonable mistake of fact will be a defense ONLY to specific intent crimes.

Question 14

Mistake - Mistake of Law (Common Law Rule)

Answer 14

Mistake of law is generally NOT a defense

Question 15

Mistake - Mistake of Law (Common Law Exception)

Answer 15

If the statute specifically makes knowledge of the law an element of crime

Question 16

Self-Defense (Justification) - Deadly vs. Nondeadly Force

Answer 16

1: Ex. of nondeadly - shoves, punches, etc.
2. Ex. of deadly - guns, knives, etc.

Question 17

Self-Defense (Justification) - The Rule for Use of Nondeadly Force (3 Elements)

Answer 17

A D may use nondeadly force in self-defense if it is:

1) reasonable necessary
2) to protect against an immediate use
3) of unlawful force against himself

Question 18

Self-Defense (Justification) - The Rule of Use for Deadly Force

Answer 18

A D may use deadly force in self-defense if he is facing an imminent threat of death or serious bodily injury

Question 19

Self-Defense (Justification) - The “Initial Agressor Rule”

Answer 19

A D may not use deadly force if he is the initial aggressor (started). But, the initial aggressor can “regain” his right to use deadly force in self-defense if:

(a) He withdraws from the fight AND communicates that withdrawal to the other person; OR

(b) the victim suddenly escalates a nondeadly fight into a deadly one

Question 20

Self-Defense (Justification) - The Retreat Rule (Majority)

Answer 20

Retreat is not required

Question 21

Self-Defense (Justification) - The Retreat Rule (Common Law / MPC)

Answer 21

Retreat is required, unless:

(a) D cannot retreat in complete safety, or
(b) D is in his home (the “castle exception”)

Question 22

Self-Defense (Justification) - Reasonable Mistake

Answer 22

Complete Defense

Question 23

Self-Defense (Justification) - Unreasonable Mistake (Majority)

Answer 23

Not self-defense

Question 24

Self-Defense (Justification) - Unreasonable Mistake (Minority / MPC Rule)

Answer 24

Doesn’t exonerate, but mitigates to manslaughter

Question 25

Self-Defense (Justification) - Use of Force to Prevent a Crime (Nondeadly)

Answer 25

May be used, if reasonably necessary, to prevent any serious breach of the peace (any crime)

Question 26

Self-Defense (Justification) - Use of Force to Prevent a Crime (Deadly)

Answer 26

May only be used to prevent a felony risking human life

Question 27

Self-Defense (Justification) - Defense of Others

Answer 27

A D may use force, even deadly force, to protect others just the same as he could use it to defend himself

Question 28

Self-Defense (Justification) - Defense of Property (General Rule)

Answer 28

Deadly force may NOT be used to defend the property

Question 29

Self-Defense (Justification) - Defense of Property (Dwellings)

Answer 29

An occupant may use deadly force inside her dwelling when:

(a) an intruder has gained entry in a violent/tumultuous manner; AND

(b) the occupant reasonably believes that the use of a deadly force is necessary to prevent a personal attack on herself or someone else in the dwelling.

Question 30

Entrapment (Very Narrow Defense)

Answer 30

If the government unfairly tempted the D to commit the crime, he may claim entrapment if:

(a) the criminal design originated with the government, AND

(b) the D was not predisposed to commit the crime.