defenses Flashcards
two defenses
excuse and justification
excuses
turn on one ultimate question: Was the defendant’s mental process overwhelmed to the point that it is unfair to hold them accountable for the crime?
insanity, intoxication, and duress
justification
All justification defenses turn on one ultimate question: Was it truly necessary for the defendant to take the law into their own hands and commit an act that is normally unlawful?
self-defense, defense of others, defense of property, necessity
• Insanity:
If the defendant was legally insane at time of his criminal act, no criminal responsibility will be imposed.
M’Naghten test
The defendant will be relieved of criminal responsibility upon proof that at time of commission:
• The defendant suffered from a severe mental disease or defect, and
• As a result, was unable to know either:
o The nature and quality of his act; OR
o That what he was doing was wrong (delusional self-defense).
Irresistible impulse test
The defendant is not guilty if he had a mental disease that kept him from controlling his conduct. i.e. volitional
mpc test for insanity
lower standard than m’naghten
The defendant is not responsible for their criminal conduct if, at the time of such conduct and as a result of a mental disease or defect, they lacked substantial capacity to appreciate the criminality (wrongfulness) of their conduct or to conform their conduct to the law.
Durham (or New Hampshire) Rule
The defendant is not criminally responsible if the unlawful act was the product of a mental disease/defect – it would not have been committed “but for” the disease/defect.
retreat exceptions
In states that retain the retreat rule, retreat is NOT required in the defendant’s own home, car, or office, and is not required if retreat is not feasible
Involuntary intoxication
is a defense to a crime even where it does not negate an element of the crime.
Voluntary intoxication
is a defense to any crime requiring proof of specific intent, so long as it negates that mens rea.
necessity and death
the threat of death cannot be a choice and has to be imminent. a person cannot unilaterally survive who dies. the circumstances has to be, both will die unless someone takes action.
necessity cannot be used when
the defendant created the peril
necessity rule
reasonable force is applied to avoid imminent injury resulting from natural forces or when a person reasonably believes that her criminal conduct is necessary to avoid a greater harm that would result from compliance with the law.
