Defenses Flashcards
DI3
What defenses negate criminal capacity
- insanity
- intoxication
- infancy
- diminished capacity
what are the justification defenses
- Defense of
- self
- other
- dwelling
- other property
- crime prevention
- effectuate arrest of
- police
- private person
- resisting arrest
- necessity
what are the four insanity tests
- M’Naghten Rule aka right/wrong test
- Irresistible Impulse Test aka self control test
- Durham/Hampshire Test aka products test
- ALI/MPC test
M’Naghten
D does not know right from wrong or does not understand his actions
Irresistible impulse
impulse that D cannot resist
Durham/product test
but for the mental illness, D would not have done the act
ALI or MPC test
combo of M’Naghten (right/wrong) and irresistible impulse
lacked capacity to
- appreciate the criminality of their conduct -OR-
- conform their conduct to the requirements of law
who must raise insanity defense?
Defendant
pretrial psych exam
what happens when D raises or does not raise insanity defense
raises: has to undergo examination, cannot refuse examination
does not raise - may refuse examination
are addicts and alcoholics voluntarily or involuntary intoxicated
voluntarily
criminal liability for age groups
- under 7: no liability
- 7-14: rebuttable presumption that child unable to understand wrongfulness of their acts
- 14+ : adult liability
- modern statutes: NO child can be criminally convicted until a stated age…usually 13/14
MOF applies only when
it shows that the D lacked the state of mind required for the crime
When the conspired act violates a statute designed to protect members of a given class, a member of that class cannot be guilty of the criminal act or conspiracy to commit it.
