Defenses Flashcards
Insanity
- McNaughten - D cannot appreciate the wrongfulness of the conduct
2.
what is the defense of Arrest
civilian can use reasonable force to prevent escape of a person until police arrive
what is the imperfect self-defense? what is its effect?
Honest but unreasonable belief that 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
is voluntary intoxication a defense to first degree murder? second degree/cl murder? voluntary MS? involuntary MS?
1st deg - yes
CL - no
voluntary MS - yes
involuntary MS - no
does drugging someone constitute “force” in robbery?
yes
for what crimes is intox a defense under MPC?
purposely or knowingly; and intox prevents formation of that mental state
what the D be required to disprove an element of teh crime?
no
when is mistake of fact a defense?
- SI crimes: any mistake (reasonable/unreasonable).
GI crimes: reasonable mistakes only
when are vol and invol intox a defense?
- For SI/malice/MPC purposely or knowingly crimes: Any intoxication (involuntary/voluntary) before forming the specific intent
1) MPC: and the intox prevents formation of the mental state (P or K)
For GI crimes: Involuntary intoxication only
what are the theories of insanity?
- M’Naghten rule: Δ entitled to acquittal if a mental disease or defect of reason caused Δ at the time of offense to not know the wrongfulness of or not understand the nature and quality of his actions
2. Irresistible impulse: Δ is not guilty where a mental defect kept him from controlling his conduct/conform to the law
3. ALI/MPC test: As a result of mental disease or defect, Δ lacked substantial capacity to appreciate the criminality of the conduct or conform his conduct to requirements of law (mix of above two)
Durham test: Unlawful act would not have been committed but for the mental defect or disease
what is the defense of necessity?
Δ reasonably believed (objectively—good-faith belief is insufficient) that commission of the crime was necessary to avoid an imminent and greater injury to society than that involved in the crime
what is the defense of duress?
Δ reasonably believed that the only way to avoid threat of imminent death or great bodily harm by a human (cf. necessity where threat may be non-human) on him or family member is to commit the crime
what is the defense of entrapment?
Δ must show that 1) the criminal design originated with law enforcement agents and 2) Δ was not predisposed to commit the criminal act prior to first being approached by agents
No entrapment if by private citizen or if mere opportunity or material for crime provided by agent
when can D assert self-defense?
If Δ has a reasonable belief that he is in imminent danger of unlawful bodily harm, he may use proportional force (believed to be reasonably necessary) to prevent such harm, UNLESS he is the initial aggressor
when can a D use deadly force in self-defense?
c. deadly force may be used in self-defense only if reasonably necessary
i. to prevent death or serious injury
ii. prevent the commission of serious felony involving a risk to human life
iii. on property if D reasonably believes entry made to commit felony
