Criminal Law - Defenses Flashcards
Insanity - M’Naghten (majority) (purely cognitive)
(1) D must have mental disease or defect; and either
(2) the D did not know his conduct was wrong; or
(3) did not understand the nature of his conduct.
Insanity - Irresistible Impulse Test (volitional test)
(1) mental disease or defect; and either,
(2) D was unable to control his actions; or
(3) unable to conform his conduct to the law.
Insanity - Georgia
Two bases for insanity:
(1) D did not know his act was wrong; or
(2) D was operating under a “delusional” compulsion” that overcame his ability to resist committing the crime.
Ga: Affirmative defense proved by a preponderance of the evidence.
Incompetency
Refers to whether the D is competent to stand trial. The D is not competent if he (1) cannot understand the nature of the proceedings; or (2) cannot assist his lawyer in preparation for his defense.
(1) or (2) then trial postponed until D is competent.
Voluntary Intoxication (self-induced)
Is a defense to specific intent crimes ONLY
Not a defense to malice, general intent, or strict liability
D is so intoxicated that they cannot form the requisite specific intent.
Georgia: even more limited and requires more than just temporary alteration of brain function. Must be close to unconscious
Infancy
Common law rule of 7:
Under 7 then no prosecution
Under 14 there is rebuttable presumption against prosecution
Over 14 prosecution is allowed
Georgia:
Must be at least 13 to be guilty of a crime
Mistake of Fact as Defense to:
- Specific intent Crimes;
- Malice or General Intent Crimes;
- Strict liability Crimes
- Specific Intent Crimes - ANY mistak of fact (even unreasonable) will be a defense
- Malice or General Intent -Mistake of fact is a defense only if it is a reasonable mistake of fact
- . S/L- mistake of fact is never a defense
***Reasonable mistake of fact will a defense to any crime except S/L. Unreasonable only mistake to specific intent crimes
Mistake of law
Not a defense unless statute says so
Self Defense (nondeadly force)
A defendant may return with nondeadly force if
(1) reasonably necessary;
(2) to protect against an immediate use
(3) of unlawful force against himself.
Self Defense (deadly force)
A D may use deadly force only if he is facing an imminent threat of
- death or
- substantial bodily injury.
Self defense - initial aggressor rule
A D may not use deadly force if he is the initial aggressor.
However, a D may regain the right to use deadly force if:
(1) he withdrawals from the fight and communicates withdrawal; or
(2) the victim suddenly escalates a nondeadly fight into a deadly fight.
Self Defense - Retreat Rule
Majority/Georgia - no retreat is required
Minority - Retreat required before use of deadly force unless can’t retreat safely or in home.
Self Defense - Mistake
- Reasonable mistake as to using deadly force is a complete mistake.
- Unreasonable mistake
(a) Majority- is not a defense
(b)Minority/MPC- mitigates but does not
exonerate
Use of force to prevent a crime
- Nondeadly Force- may be used to prevent a breach of the peace and
- Deadly force- may only be used to prevent a felony risking human life.
- Defense of Others- A defendant may use force in self defense as to others just as he could to defend himself
Self defense of property
General Rule - Deadly force may not be used to defend property
Exception: Deadly force may be used in dwellings if (1) the intruder has gained entry in a violent manner and
(2) the D reasonably believes force is necessary to prevent a personal attack on herself or someone in the dwelling.
Georgia: deadly force in dwelling to prevent the commission of any felony
Necessity (choice of evils)
A defense to criminal conduct if the D reasonably believes that the conduct is necessary to prevent a greater harm.
Limitation: not available if:
1) D caused the situation or
2) D caused the death of another person to protect property
Duress
A complete defense if D is coerced into commiting a crime from a threat from ANOTHER PERSON of IMMINENT death or serious bodily injury
Limitation: Duress not a defense to homicide
Entrapment
If the criminal design originated with the government; and the defendant was not predisposed to commit the crime.
Most D’s are predisposed
Insanity MPC (Volitional and Cognitive)
Must establish he lacked the substantial capacity to either:
- Appreciate the criminality of his conduct, or
- Conform his conduct to the requirements of law
Imperfect Self Defense
An unreasonable belief for the need to use deadly force will mitigate murder to voluntary manslaughter
