Day 4

Question 1

When can Murder be reduced to voluntary manslaughter?

Answer 1

If the D acted in imperfect self-defense.
This occurs when D:
1. honestly but unreasonably believed that deadly force was necessary to prevent serious bodily injury or death.
OR
2. started the altercation that led to the necessary use of deadly force.

Question 2

Can a D be required to prove an affermative defense?

Answer 2

Yes, (like self defense or insanity) by any degree of proof.

Question 3

Insanity Defenses (4) MMIID

Answer 3

1. M’Naghten—D did not know either (i) the nature and quality of the act, or (ii) the wrongfulness of the act, because of a defect of reason due to mental disease (“right from wrong” test)
2. Irresistible impulse—D lacked capacity for self-control and free choice due to mental disease or defect (inability to conform conduct to the law)
3. Durham—the unlawful act was the product of D’s mental disease or defect (“but for” test)
4. MPC (combines M’Naghten and irresistible impulse)—at the time of the conduct, D lacked substantial capacity to appreciate the wrongfulness of the act or to conform his conduct to law, as a result of mental disease or defect.