Defenses Flashcards
What are the Insanity Defense tests?
1) M’Naghten Test
2) MPC’s “Substantial Capacity” Test
M’Naghten Test
= the “right from wrong” test
RULE: D has a mental disease which makes D EITHER…
(A) unable to appreciate “nature AND quality” of his actions, OR
(B) unable to understand what he did was wrong
*Federal standard of proof for Insanity = Clear & Convincing Evidence
What is the insanity defense in an MPC jurisdiction?
RULE: D lacked “substantial capacity” to appreciate his criminal conduct
*Federal standard of proof for Insanity = Clear & Convincing Evidence
What is the Federal standard of proof for an Insanity Defense?
Federal standard of proof for Insanity → Clear & Convincing Evidence
What are the types of Intoxication Defense?
(1) Voluntary Intoxication
(2) Involuntary Intoxication
Voluntary Intoxication defense
= voluntarily getting drunk
**is a Defense to → Specific Intent crimes
Involuntary Intoxication
= intoxication WITHOUT knowledge OR consent
**is a Defense to → ALL crimes
Mistake
a defense in some circumstances…
…if re: Specific Intent crime → ANY mistake (Reasonable AND Unreasonable) is a defense (b/c it negates Intent element regardless of reasonableness)
…if re: General Intent crime → ONLY a Reasonable mistake is a defense
→ the Facts will use the world “MISTAKE”!
Impossibility
1) Legal Impossibility = elements of crime were NOT met → is ALWAYS a defense (b/c it’s legally impossible that Perp’s actions amounted to a crime)
TWO types of Impossibility defense:
*MBE rarely uses word “impossibility” – so scrutinize the Facts
Entrapment
Entrapment DEFENSE =
(1) Law Enforcement created criminal activity, AND
(2) Defendant was NOT predisposed to commit crime
“not predisposed” = Defendant has no prior experience OR knowledge regarding the crime
Duress
Duress DEFENSE = D had Reasonable Belief of threat of great bodily harm OR death
*EXCEPTION: Duress is NEVER a defense to Murder
Self-Defense
Self-Defense = Reasonable Belief of imminent danger OR bodily harm
*can ONLY return SAME Level of Force
*Deadly Force is ONLY ALLOWED if imminently threatened by Deadly Force
Defense of Others
= Reasonable Belief that a Third Party is in imminent danger
*can ONLY return the SAME Level of Force that Third Party is facing
Defense of Property
= may use Reasonable (Non-Lethal) Force to defend your property
*but CAN use Deadly Force to defend ONLY IF you fear being killed by an intruder (or that someone else will be killed by intruder)
