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8. Crim Law and Procedure TIER 1 > Criminal law: Defenses > Flashcards

Criminal law: Defenses Flashcards

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1
Q

What are the three common law insanity tests?

A

D has mental disease or defect:

  1. M’Naughten: D either did not know act was wrong OR did not understand nature of his act
  2. Irresistible Impulse: D unable to control his actions OR unable to conform his conduct to law
  3. MPC: D lacked substantial capacity to appreciate criminality of his conduct OR conform his conduct to law
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2
Q

What are the three common law insanity tests?

A

D has mental disease or defect:

  1. M’Naughten: D either did not know act was wrong OR did not understand nature of his act
  2. Irresistible Impulse: D unable to control his actions OR unable to conform his conduct to law
  3. MPC: D lacked substantial capacity to appreciate criminality of his conduct OR conform his conduct to law
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3
Q

What is the NY insanity test?

A

D lacked substantial capacity to understand nature of his act OR appreciate wrongfulness of his conduct

Affirmative defense, so D must prove by preponderance of evidence

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4
Q

What is involuntary intoxication?

A

Defense to any crime; must be completely involuntary

Treated as insanity, so apply tests

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5
Q

What is voluntary intoxication?

A

CL: Defense to specific intent crimes if negates D forming that specific intent

NY: Defense to intent and knowledge crimes if prevents D forming required intent

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6
Q

What is common law infancy?

A
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7
Q

What is NY infancy?

A
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8
Q

What is non deadly force in self-defense?

A

D may use if (a) reasonably necessary (b) to protect against an imminent use (c) of unlawful force against himself

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9
Q

What is deadly force in self-defence?

A

D may use if facing imminent threat of death or serious physical injury

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10
Q

What is the aggressor rule to deadly self-defense?

A

D may not use deadly force if initial aggressor unless:

(a) withdraws and communicates withdrawal OR
(b) victim suddenly escalates non-deadly to deadly

NY: no (b)

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11
Q

Can you use force to prevent a crime?

A

Non-deadly: if necessary to prevent a crime

Deadly: only to prevent felony risking human life

NY: deadly force can be used to prevent rape, robbery, arson, kidnapping, burglary; no retreat required

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12
Q

Can you use force to prevent a crime?

A

Non-deadly: if necessary to prevent a crime

Deadly: only to prevent felony risking human life

NY: deadly force can be used to prevent rape, robbery, arson, kidnapping, burglary; no retreat required

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13
Q

What is the NY insanity test?

A

D lacked substantial capacity to understand nature of his act OR appreciate wrongfulness of his conduct

Affirmative defense, so D must prove by preponderance of evidence

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14
Q

What is involuntary intoxication?

A

Defense to any crime; must be completely involuntary

Treated as insanity, so apply tests

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15
Q

What is voluntary intoxication?

A

CL: Defense to specific intent crimes if negates D forming that specific intent

NY: Defense to intent and knowledge crimes if prevents D forming required intent

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16
Q

What is common law infancy?

A
17
Q

What is NY infancy?

A
18
Q

What is non deadly force in self-defense?

A

D may use if (a) reasonably necessary (b) to protect against an imminent use (c) of unlawful force against himself

19
Q

What is deadly force in self-defence?

A

D may use if facing imminent threat of death or serious physical injury

20
Q

What is the aggressor rule to deadly self-defense?

A

D may not use deadly force if initial aggressor unless:

(a) withdraws and communicates withdrawal OR
(b) victim suddenly escalates non-deadly to deadly

NY: no (b)

21
Q

What is the retreat rule for deadly self-defence?

A

CL: retreat not required

NY: retreat required unless

(a) D cannot retreat in complete safety OR
(b) D in own home

22
Q

Can you use force to prevent a crime?

A

Non-deadly: if necessary to prevent a crime

Deadly: only to prevent felony risking human life

NY: deadly force can be used to prevent rape, robbery, arson, kidnapping, burglary; no retreat required

23
Q

Can you use deadly force to defend property?

A

Deadly force may not be used to defend property

Deadly force may be used to prevent burglary if D inside own home

24
Q

What is the necessity defence?

A

CL: defense to criminal conduct if D reasonably believed conduct necessary to prevent greater harm (never homicide)

NY: harm avoided must be greater than harm caused (can be homicide)

25
Q

What is duress?

A

CL: defense if D forced to commit crime under threat of death or serious bodily injury (not homicide)

NY: duress is affirmative defense (can be homicide)

26
Q

What is entrapment?

A

CL: criminal design must have originated with the government, and D not predisposed to commit crime

NY: affirmative defense

8. Crim Law and Procedure TIER 1 (7 decks)

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