Criminal law: Defenses Flashcards
What are the three common law insanity tests?
D has mental disease or defect:
- M’Naughten: D either did not know act was wrong OR did not understand nature of his act
- Irresistible Impulse: D unable to control his actions OR unable to conform his conduct to law
- MPC: D lacked substantial capacity to appreciate criminality of his conduct OR conform his conduct to law
What are the three common law insanity tests?
D has mental disease or defect:
- M’Naughten: D either did not know act was wrong OR did not understand nature of his act
- Irresistible Impulse: D unable to control his actions OR unable to conform his conduct to law
- MPC: D lacked substantial capacity to appreciate criminality of his conduct OR conform his conduct to law
What is the NY insanity test?
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
What is involuntary intoxication?
Defense to any crime; must be completely involuntary
Treated as insanity, so apply tests
What is voluntary intoxication?
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
What is common law infancy?
What is NY infancy?
What is non deadly force in self-defense?
D may use if (a) reasonably necessary (b) to protect against an imminent use (c) of unlawful force against himself
What is deadly force in self-defence?
D may use if facing imminent threat of death or serious physical injury
What is the aggressor rule to deadly self-defense?
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)
Can you use force to prevent a crime?
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
Can you use force to prevent a crime?
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
What is the NY insanity test?
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
What is involuntary intoxication?
Defense to any crime; must be completely involuntary
Treated as insanity, so apply tests
What is voluntary intoxication?
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
What is common law infancy?
What is NY infancy?
What is non deadly force in self-defense?
D may use if (a) reasonably necessary (b) to protect against an imminent use (c) of unlawful force against himself
What is deadly force in self-defence?
D may use if facing imminent threat of death or serious physical injury
What is the aggressor rule to deadly self-defense?
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)
What is the retreat rule for deadly self-defence?
CL: retreat not required
NY: retreat required unless
(a) D cannot retreat in complete safety OR
(b) D in own home
Can you use force to prevent a crime?
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
Can you use deadly force to defend property?
Deadly force may not be used to defend property
Deadly force may be used to prevent burglary if D inside own home
What is the necessity defence?
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)
What is duress?
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)
What is entrapment?
CL: criminal design must have originated with the government, and D not predisposed to commit crime
NY: affirmative defense
