Defenses

Question 1

When is the defense of voluntary intoxication available?

Answer 1

• if the crime requires purpose, intent, or knowledge and intoxication prevented the defendant from formulating the purpose/ obtaining knowledge
• voluntary intoxication is a good defense for specific intent crimes, but not general intent, malice, or strict liability crimes

Question 2

What is the M’Naghten insanity defense?

Answer 2

D will be found not guilty if (1) was so deranged he did not understand the nature and quality of his actions; OR (2) D understood the nature and quality of his actions but was so deranged he didn’t know they were wrong

Question 3

mistake defense:

Answer 3

• can be used as a defense to show defendant lacked required mental state for the crime
• If mistake is used as a defense in a specific intent crime, the mistake does not need to be reasonable
• if mistake is used as a defense in a general intent crime it must have been a reasonable mistake

Question 4

Is mistake of law a defense?

Answer 4

• Never a defense

- defendant commits an illegal act and believes it is legal

Question 5

Is factual impossibility a defense?

Answer 5

-No; factual impossibility is when the defendant were able to complete the acts as he intended to and all the circumstances were as the defendant believed, the defendant would have committed a crime

(EX: D thinks he is buying cocaine from a distributer with the intent to sell the cocaine, but it is really just baking powder; defendant will be guilty of selling cocaine even though it is “factually impossible”)