Defenses

Question 1

Self-Defense

Answer 1

is a defense if a person uses deadly force and (1) was not the aggressor; (2) has a reasonable belief that the deadly force is necessary to protect herself against the imminent use of unlawful, deadly force by another person; and *(3) she did not know of a safe way to retreat from deadly force (minority view).

Question 2

Necessity

Answer 2

can be a defense when: (1) to prevent a significant evil; (2) no lawful alternative; (3) harm caused cannot be disproportionate; (4) “clean hands” doctrine; (5) not available in homicide cases; (6) circumstances created by natural forces; and (7) legislature has not spoken on it.

Question 3

Justification Defenses

Answer 3

harm is outweighed by the need to avoid an even greater harm or to further a greater societal interest

Question 4

Excuse Defenses

Answer 4

admit that the deed may be wrong, but excuse the actor because conditions suggest that the actor is not responsible for his deed

Question 5

Duress

Answer 5

can be a defense when there is (1) an immediate threat of death or grave bodily injury; (2) well grounded fear that the threat will be carried out; (3) no reasonable opportunity to escape; (4) “clean hands” doctrine; and (5) not available for homicide.

Question 6

Intoxication

Answer 6

is only available as a defense in specific intent crimes when the intoxication negates the specified MR.

Question 7

Insanity

Answer 7

is determined by the M’Naughten test: What did know at the time? (All or nothing test – no room for nuances). From disease of the mind, could not: (1) KNOW nature and quality of act NOR (2) KNOW act was wrong. (Irresistible impulse test added later).

Question 8

Mistake of Law Defense

Answer 8

is rarely a defense because ignorance of the law is no excuse. Rare exceptions: reasonable reliance on official statement of law and when the mistake the MR required for the crime (ex. “knowingly violates this statute).

Question 9

Mistake of Fact

Answer 9

is a defense to a general intent crime if the mistake of fact (a) is reasonable and negates culpability; (b) and is in good faith. For specific intent crimes, mistake must (a) negate specified MR; and (b) be in good faith (reasonableness irrelevant).