Criminal Law: Defenses Flashcards
Defenses
(1) Self defense
(2) Insanity
(3) Intoxication
(4) Infancy
(5) Mistake
(6) Necessity
(7) Duress
(8) Entrapment
Self Defense
Deadly force:
(1) Defendant reasonably believes he is facing a threat of imminent death or serious bodily harm; and
(2) he is not the initial aggressor.
Nondeadly force:
(a) Defendant can use nondeadly force if is reasonably necessary to protect against present or immediate use of unlawful force against himself or another. Force must be proportionate to the unlawful force.
(b) There is no duty to retreat for nondeadly force.
(c) One can use nondeadly force when one is in “hot pursuit” of another to prevent theft.
Defense of others: can be used to protect others the same as the defendant could to protect himself.
Self defense: retreat
Some states add the requirement that he could not have retreated in complete safety.
(a) Majority: retreat is not required.
(b) Common law: retreat is required unless he cannot retreat in complete safety or he is in his home (the castle doctrine).
Self defense: imperfect self defense
A minority of jurisdictions recognize an “imperfect self-defense,” which mitigates murder to voluntary manslaughter if the defendant either:
(1) was unreasonable in believing that deadly force was needed to prevent the attack, OR
(2) was the initial aggressor (providing he was not unreasonable in believing his life was in danger or in the amount of force he used).
Insanity
(1) M’Naghten test (majority test)
(2) Irresistible impulse test
(3) MPC test
Insanity: M’Naghten test
Defendant must prove:
(1) he suffered a disease of the mind that caused a defect of reason, and
(2) as a result, he lacked the ability to
(a) know the wrongfulness of the actions, or
(b) understand the nature and quality of his actions.
Insanity: Irresistible impulse test
Defendant must prove that because of a mental disorder or defect he was unable to:
(1) control his actions, or
(2) conform his conduct to the law.
Insanity: MPC test
Defendant must show that because of a mental disorder or defect he lacked the substantial capacity to either:
(1) appreciate the criminality of his conduct or
(2) conform his conduct to the requirements of the law.
Incompetency to stand trial
Note that a defendant may not be given the death penalty if he is incapable of understanding the nature and purpose of the punishment.
Involuntary intoxication
Voluntary intoxication
It is a defense to specific intent crimes only (not malice, general intent, or strict liability crimes), and it is only a defense if the defendant was unable to develop the specific intent to complete the crime.
Infancy
Modern approach: Most states abolished presumptions and simply state children cannot be prosecuted until they are 14. Many states have juvenile courts.
Mistake of fact
Look to see if the mens rea is negated by the mistake.
Specific intent crimes: Any mistake of fact (even an unreasonable one) that negates the specific intent will
be a defense so long as it is in good faith believed.
General intent or malice crimes: Only a reasonable mistake of fact will be a defense.
Strict liability crimes: Mistake of fact is not a defense.
Mistake of law
Ignorance of the law is generally not a defense (and this includes a defendant being ignorant of how a crime is defined).
Exceptions (note: these are narrow!)
(1) statute specifically makes knowledge of the law an element of the crime (e.g., one cannot be convicted for “willfully violating the tax laws” if one did not know tax laws).
(2) Statute was not published or made reasonably available.
(3) Defendant acted with reasonable reliance on a statute or judicial decision (usually from the highest court).
(4) Defendant reasonably relied on an erroneous official statement of law from one “charged by law” with the responsibility for interpreting, administering, or enforcing the law.
Necessity
If defendant reasonably believes his or her criminal conduct was necessary to prevent a greater harm, necessity will be a defense unless:
(1) defendant causes the death of another to protect mere property, or
(2) defendant was at fault in creating the situation.
Duress
(1) When the defendant performs a crime
(2) because he had a reasonable fear that if he did not perform the crime,
(3) either himself or a third person would suffer imminent death or serious bodily injury.
Entrapment
If someone in law enforcement induced the defendant to commit a crime, he may try to use the very narrow defense of entrapment.
Predisposition test:
