Defenses Flashcards
Case-In-Chief Defense
Prosecution fails to prove essential element
Affirmative Defenses
Affirmative defenses admit the defendant did the act but has an excuse or justifiable reason
Abandonment
i. Never a defense (majority approach)
ii. Is a defense only if: (minority approach)
1. Fully voluntary
2. Complete abandonment
Impossibility
having completed all acts, would have committed no crime, then D cannot be guilty of an attempt to do the same when all of those acts are not completed (factual impossibility not a defense)
Necessity
justifiable if only option to avoid societal harm (no particular person telling D what to do)
CL: not a defense to homicide
MPC: available for any crime
Duress
(CL - not a defense for homicide, MPC - can be a defense for homicide)
(Particular person telling D what to do)
i. Imminent threat of death or great bodily harm
ii. To the D, D’s immediate family, or a 3rd party
iii. That D reasonably believed was genuine; and
iv. There was no reasonable escape
Consent Defense
Majority approach: consent of the victim is not a valid defense
Minority approach: consent defense allowed for simple battery or specific offenses
MPC/ALI insanity Test
Combines the M’Naghten and Irresistible Impulse Test to consider both cognitive and volitional capacity.
- D suffered from a mental defect or disease
- that caused D to lack substantial capacity to either:
1. Appreciate the criminality (wrongfulness) of his/her conduct; or
2. Conform his/her conduct to the requirements of the law
Mistake of Fact
- Specific intent crimes: D is not guilty if D’s mistake of fact was honest and negates the specific intent needed for the offense
- General intent crimes: D is not guilty if (1) D had an honest and reasonable mistake of fact and (2) D’s mistake negates the mental state element of the crime
- Strict liability crimes: no defense
