Criminal Law - Capacity Defenses Flashcards
Insanity - The First Requirement
D must have a mental disease or defect ; couple with one of two tests
Insanity - M’Naghten Test (Majority Test - Purely Cognitive)
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
Insanity - MPC Test (25% of state; Cognitive AND Volitional
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
Insanity - Distinguished from Incompetency
The issue is whether D was insane at the time of the crime. If he was, D is not guilty by reason of insanity.
Incompetency - Issue
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
Incompetency - When issues are established
If either (1) or (2) is established, trial is postponed until the D regains competency
Voluntary Intoxication - Common Law Approach (3)
- Can be a defense to SPECIFIC intent crimes ONLY
- Cannot, therefore, be a defense to malice, general intent, or strict liability crimes
- The defense of intoxication generally requires such severe “prostration of the faculties” that the defendant cannot form the requisite specific intent
Infancy - Common Law (“Rule of Sevens” - 3)
- If, at the time of the crime, the D’s age is less than 7 prosecution is NOT allowed.
- If, at the time of the crime, the D’s age is less than 14, there is a REBUTTABLE presumption against prosecution.
- If, at the time of crime, the D’s age is 14 or older, prosecution IS allowed.
Mistake - Mistake of Fact (Common Law Approach)
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
Mistake - Mistake of Fact (Common Law Approach - Specific Intent Crimes)
ANY mistake of fact (even an unreasonable one) will be a defense
Mistake - Mistake of Fact (Common Law Approach - Malice / General Intent Crimes)
Only a reasonable mistake of fact will be a defense
Mistake - Mistake of Fact (Common Law Approach - Strict Liability Crimes)
Mistake of fact will NEVER be a defense
Mistake - Mistake of Fact (Common Law Redux)
Therefore:
- A reasonable mistake of fact will be a defense to ANY crime, except a crime of strict liability
- An unreasonable mistake of fact will be a defense ONLY to specific intent crimes.
Mistake - Mistake of Law (Common Law Rule)
Mistake of law is generally NOT a defense
Mistake - Mistake of Law (Common Law Exception)
If the statute specifically makes knowledge of the law an element of crime
Self-Defense (Justification) - Deadly vs. Nondeadly Force
1: Ex. of nondeadly - shoves, punches, etc.
2. Ex. of deadly - guns, knives, etc.
Self-Defense (Justification) - The Rule for Use of Nondeadly Force (3 Elements)
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
Self-Defense (Justification) - The Rule of Use for Deadly Force
A D may use deadly force in self-defense if he is facing an imminent threat of death or serious bodily injury
Self-Defense (Justification) - The “Initial Agressor Rule”
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
Self-Defense (Justification) - The Retreat Rule (Majority)
Retreat is not required
Self-Defense (Justification) - The Retreat Rule (Common Law / MPC)
Retreat is required, unless:
(a) D cannot retreat in complete safety, or
(b) D is in his home (the “castle exception”)
Self-Defense (Justification) - Reasonable Mistake
Complete Defense
Self-Defense (Justification) - Unreasonable Mistake (Majority)
Not self-defense
Self-Defense (Justification) - Unreasonable Mistake (Minority / MPC Rule)
Doesn’t exonerate, but mitigates to manslaughter
Self-Defense (Justification) - Use of Force to Prevent a Crime (Nondeadly)
May be used, if reasonably necessary, to prevent any serious breach of the peace (any crime)
Self-Defense (Justification) - Use of Force to Prevent a Crime (Deadly)
May only be used to prevent a felony risking human life
Self-Defense (Justification) - Defense of Others
A D may use force, even deadly force, to protect others just the same as he could use it to defend himself
Self-Defense (Justification) - Defense of Property (General Rule)
Deadly force may NOT be used to defend the property
Self-Defense (Justification) - Defense of Property (Dwellings)
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.
Entrapment (Very Narrow Defense)
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.
