CrimL - Defenses Flashcards
Mistake of fact
Mistake or ignorance of fact where D lacked the state of mind required for the crime
Is mistake a law of defense?
Generally, no. May be defense to crimes requiring knowledge.
When is intoxication (involuntary/voluntary) a defense for SI crimes?
Before forming specfici intent.
M Naghten rule
Cannot understand
D entitled to acquittal if a mental disease or defect of reason caused D at the time of offense to not know the wrongfulness of
OR not understand the nature or quality of his actions
Irresistible impulse
Cannot conform
D is not a guilty where a mental defect kept him from controlling his conduct
MPC test
Cannot appreciate or conform
As a a result of mental disease/defect, D lacked substantial capacity to appreciate the criminality of the conduct
OR conform his conduct to requirements of law
Durham but for
Unlawful act would not have been committed but for the mental defect or disease
Necessity
D reasonably believed that commission of crime was necessary to avoid an imminent and greater injury to society
When is necessity not a defense
To killing a person
OR
if D created the situation requiring the necessity
Duress
D reasonably believed that the only way to avoid threat of imminent death or great bodily harm by a human on him or family member
Not defense to killing
Entrapment
D must show that
1) The criminal design originated with law enforcement agents; and
2) D was not predisposed to commit the criminal act prior to
Self-Defense
If D has a reasonable belief that he is in imminent danger of unlawful bodily harm, he may use proportional force to prevent such harm UNLESS he is the initial aggressor
When can aggressor regain right of self-defense
1) Upon complete withdrawal perceived by the other party, or
2) Escalation of force by the victim of initial aggression
Imperfect self-defense
Honest but unreasonable belief it was necessary to respond with unreasonable, deadly force or being the initial aggressor, can allow imperfect claim of self-defense
Could mitigate a murder conviction to manslaughter
Defense of others
If D reasonably believes another person is being unlawfully attacked, D is entitled to defend that person from attack to the same extent that person would be entitled to defend himself
When is deadly force allowed in defense of others?
Only if threatened with death or great bodily harm
Defense of property
Reasonable non-deadly force is justified in defending property from theft, destruction or trespass where D has a reasonable belief that the property is in immediate danger and no greater force is used (deadly force may not be used to merely defend property)
When may deadly force be used in defense of property?
Felon exception: When defender reasonably believes an entry will be made or attempted in his dwelling by one intending to commit felony therein
What type of force is allowed for crime/felony prevention?
Reasonable force to prevent a felony
Deadly force to prevent a dangerous felony (BARRK) involving risk to human life
What type of force is allowed for arrest?
Reasonable force to make an arrest
Deadly force to apprehend or prevent the escape of a felon who poses a threat of serious bodily harm to the officer or others.
