Defenses

Question 1

Duress — affirmative defense and excuses D’s conduct if it was the result of:

Answer 1

1) a threat of imminent death or serious bodily injury
2) to the D or another, AND
3) D reasonably believed he was unable to avoid the harm by non-criminal conduct

Question 2

In most states, duress defense is NOT available for:

Answer 2

Intentional killings

Question 3

Insanity

Answer 3

D must have a mental disease or defect plus one of the tests

— M’Naghten
— MPC
— Irresistible impulse
— Durham test

**most states use MNaghten or MPC

Question 4

M’Naghten Test

Answer 4

D is:

a) unable to know the wrongfulness of his conduct, or
b) unable to understand the nature and quality of his acts

Question 5

MPC test (insanity)

Answer 5

D was:

a) unable to appreciate the criminality of his conduct, or
b) unable to conform his actions to the law.

Question 6

Irresistible impulse test

Answer 6

D’s mental illness made him:

a) unable to control his actions, or
b) unable to conform his actions to the law

Question 7

Durham test

Answer 7

D’s unlawful conduct was the product of mental illness

Question 8

Self-defense

Answer 8

Complete defense to a crime

Question 9

Self defense — non deadly force justified when:

Answer 9

(1) D reasonably believes

(2) that he’s in imminent danger of being harmed

Question 10

Self defense — deadly force justified when:

Answer 10

(1) D kills based on a reasonable belief
(2) that he was in imminent danger of being killed (or suffering great bodily injury), AND
(3) the use of deadly force was necessary

Question 11

Self defense — duty to retreat (minority of states)

Answer 11

D has a duty to retreat before deadly force may be used

BUT, D has no duty to retreat when:

(a) no opportunity to retreat
(b) he could not retreat safely; or
(c) if attacked in his own home

Question 12

Self defense — an aggressor may only use force in self defense if:

Answer 12

(a) he withdraws and communicates it; OR

(b) the other person escalates the fight with deadly force and withdrawal is not possible

Question 13

Defense of others

Answer 13

Same rules as self defense

Question 14

Imperfect self defense

Answer 14

Mitigates murder to voluntary manslaughter when:

(1) D kills based on a good faith belief of self-defense
(2) but such belief was unreasonable

Question 15

Voluntary intoxication defense

Answer 15

Ingesting an intoxicating substance by D’s own free will

− ONLY a defense to specific intent crimes

Question 16

Involuntary intoxication defense

Answer 16

Ingesting an intoxicating substance without knowledge or by force

− Is a defense to ALL crimes→ use same tests for an insanity defense

Question 17

Mistake of fact

Answer 17

Defense if it negates the mental state required for the crime

Question 18

Mistake of law

Answer 18

Generally NOT a defense