Defenses

Question 1

Self Defense - Deadly Force

Answer 1

A defendant may use deadly force in self defense if:

1. he reasonably believes he is facing a threat of imminent death or serious bodily harm, and
2. he is not the initial aggressor

Question 2

When can the initial aggressor use deadly force as self defense?

Answer 2

1. they only used non deadly force and the other person escalated it, or
2. they withdrew after their initial aggression and communicated that withdrawal

Question 3

Imperfect Self-Defense

Answer 3

Mitigates murder to voluntary manslaughter if the D either:

1. was unreasonable in believing that deadly force was needed to prevent the attack, or
2. was the initial aggressor (providing he was not unreasonable in believing his life was in danger or in the amount of force he used)

Michigan does not recognize

Question 4

When may one not use deadly force?

Answer 4

1. when one is defending against non deadly force
2. when one is highly skilled martial artist who does not need deadly force to defend themselves
3. When one has already fended off the attack
4. the protect property
5. to prevent any crime that does not risk human life

Question 5

When may someone use non-deadly force in self defense?

Answer 5

• If it is reasonably necessary to protect against the present or immediate use of unlawful force against himself or another
  
  • No duty to retreat for non deadly force
  • one can use non deadly force when one is in “hot pursuit” of another to prevent theft

Question 6

Can a D use force to protect others the same as they would protect themselves?

Answer 6

Yes

Question 7

Is reasonable mistake a complete defense to using deadly force wrongly?

Answer 7

Yes but an unreasonable mistake is not

Question 8

M’Naghten Tes (For Insanity)

Answer 8

Defendant must prove:

1. they suffered a disease of the mind that
2. caused a defect of reason, and
3. as a result, they lacked the ability to

Question 9

Irresistible Impulse Test (Insanity)

Answer 9

Defendant must prove:

1. they were unable to control their actions, or
2. conform their conduct to the law

Question 10

Incompetency to Stand Trial

Answer 10

The D is considered incompetent if they are unable:

• to understand the nature of the proceedings being brought against them, or
• to assist their lawyer in the preparation of their defense

Question 11

Can the defendant be given the death penalty if they are incapable of understanding the nature and purpose of the punishment?

Answer 11

No

Question 12

Involuntary Intoxication

Answer 12

Only results if the D takes an intoxicating substance:

1. without knowledge of its nature, or
2. under direct duress imposed by another, or
3. pursuant to medical advice while being unaware of the intoxicating effects.

Question 13

Voluntary Intoxication

Answer 13

1. Common Law: it is defense to specific intent crimes only and is only a defense if the defendant was unable to develop the specific intent to complete the crime
2. Michigan: Is only a defense to specific intent crimes if the following are met:
   
   1. D legally obtained and properly used medication or another substance, and
   2. they did not know or reasonably should not have known that they would become intoxicated (very narrow and usually unsuccessful)

Question 14

Infancy

Answer 14

1. Common Law:
   
   1. If D is under 7, they will not be liable for a crime.
   2. If they are under 14, there is a presumption they are not liable.
   3. If they are older than 14, they are treated the same as an adult
2. Modern Approach:
   
   1. Most states abolished presumptions and simply state children cannot be prosecuted until they are 14 using juvenile courts.

Question 15

Mistake of Fact

Answer 15

Look to see if mens rea is negated by the mistake

• Specific Intent Crimes: any mistake of fact that negates the specific intent will be a defense so long as it is believed in good faith.
• General intent or malice crimes: only a reasonable mistake of fact will be a defense
• Strict Liability Crimes: Mistake of fact is not a defense

Question 16

Mistake of Law

Answer 16

Ignorance of the law is generally not a defense

Question 17

Exceptions in which mistake of law is a defense

Answer 17

1. the statute specifically makes knowledge of the law an element of the crime
2. the statute was not published or made reasonable available
3. the D acted with reasonable reliance on a statute or judicial decision
4. the D reasonable relied on an erroneous official statement of law from one “charged by law” with the responsibility for interpreting, administering, or enforcing the law
   
   1. reliance on the advice given by one’s lawyer is not a defense unless it negates the requisite mental state

Question 18

Necessity

Answer 18

If the D reasonable believes their criminal conduct was necessary to prevent a greater harm, necessity will be a defense unless:

1. the D caused the death of another to protect mere property, or
2. the D was at fault in creating the situation

Question 19

Duress

Answer 19

• When the D performs a crime because he had a reasonable fear that if they did not perform the crime, either themselves or a third party would suffer imminent death or serious bodily injury.
• Note: One cannot use duress s defense to homicide
• Michigan: duress may be asserted as an affirmative defense to felony murder - it is a defense to the underlying felony

Question 20

Entrapment

Answer 20

if someone in law enforcement induced the D to commit a crime, they may try to use the very narrow defense of entrapment

Question 21

Majority Entrapment Test

Answer 21

The predisposition test - the D is not guilty if:

1. the criminal design originated with the government, and
2. the D was a person who was not predisposed to commit the crime