Defenses Flashcards
What are the 4 defenses that negate criminal capacity (for mens rea)?
- insanity
- intoxication (voluntary, involuntary)
- infancy
- diminished capacity
What are the 4 different possible tests to determine whether D is sufficiently mentally ill to be acquitted?
- M’Naghten Rule: (1) a disease of the mind (2) caused a defect in reason (3) such that the D lacked the ability at the time of their actions to either know the wrongfulness of their actions or understand the nature and quality of their actions
- Irresistible Impulse Test: (1) due to mental illness (2) D was unable to control their actions or conform their conduct to law
- Durham/New Hampshire Test: crime was product of their mental illness (broadest)
- MPC Test: D had (a) mental disease or defect and (2) as a result they lacked the substantial capacity to either (a) appreciate the criminality of their conduct or (b) conform their conduct to the req’s of law (note: this is combo o m’naghten and irrestible impulse)
What standard of proof applies to D proving insanity?
Sanity is presumed, D must prove by preponderance of the evidence (clear & convincing in fed court). Some states/MPC require state to prove sanity BRD once raised.
May D refuse pre-trial psychiatric eval?
Only if they do not raise insanity issue.
What does DPC require wrt mentally incompetent D’s?
D may not be tried, convicted, or sentenced if due to mental disease they are unable to (1) understand the nature of the proceedings brought against them or (2) assist their lawyer in preparation of defense.
May not be executed if incapable of understanding nature/purpose of punishment.
What is “diminished capacity” defense?
In some states D may assert that due to mental defect, they had diminished capacity, i.e. did not have requisite mens rea for crime. (Some states only allow for specific intent crimes).
Note: difference than insanity defense which (i think ) is full affirmative defense?
What crimes is intoxication a defense against?
Voluntary intoxication - raised as a negation of elements of the crime, so can only be raised if the crime requires purpose/intent or knowledge and the intoxication prevented D from having that mens rea. So, generally only works as a defense to specific intent crimes - not malice/strict liability/etc crimes.
Note: if crime req’s recklessness, then likely won’t serve as defense since voluntary intoxication furthers recklessness (if person would have not acted recklessly if not drunk)
Involuntary intoxication - can be turned into insanity defense if the insanity test elements are met and thus be used as an affirmative defense to all crimes.
What are the two types of intoxication defenses?
(a) voluntary intoxication: intentional taking of a substance known to be intoxicating (any substance) without duress
(b) involuntary intoxication: taking of an intoxicating substance either
- without knowledge of intoxicating nature
- under direct duress from another
- or pursuant to medical advice while unaware of the intoxicating effect
Note: can function like insanity if they meet insanity req’s and be affirmative defense to all crimes
What crimes is insanity a defense to?
Affirmative defense to all crimes.
What is the defense of infancy?
C/l - children under 7 cannot be liable, 7-14 rebuttable presumption that they did not understand the wrongfulness of their acts
MPC - no child under 13 or 14 can be convicted (but can in juvenile/family court)
What are the justification defenses?
Justification defenses are defenses allowed when party committed the crime but we say the circumstances justified their actions. Defenses are:
- self defense
- defense of others
- defense of dwelling
- defense of property
- crime prevention
- effectuate arrest
- resisting arrest
- necessity
What is self-defense?
(a) justifiable use of nondeadly force: A person without fault may use such force as the person reasonably believes is necessary to protect themselves from imminent use of unlawful force upon themselves.
- must be imminent threat
- for nondeadly force - must at least be threat of imminent injury
(b) justifiable use of deadly force: a person may use deadly force in self-defense if the person (1) is without fault (2) is confronted with unlawful force and (3) reasonable believes that they are threatened with imminent death of GBH.
Note: if actions are not objectively reasonable or person was first aggressor they may be entitled to imperfect self-defense, i.e. reduction to manslaughter
What is the duty to retreat? What are the two jdx’s rules?
Majority follows the no duty to retreat rule.
Minority of courts say there is a duty to retreat UNLESS:
- in own home
- D was making a lawful arrest
- D was being robbed
When can first aggressor be entitled to self defense?
If person is the aggressor they may only use force in defense if:
- they effectively withdrawn from the confrontation and communicate to the other their desire to do so
- the victim suddenly escalates the minor fight into deadly altercation and D has no chance to withdraw
What is the defense of others?
D can legally defend others if they reasonable believe that the person being attacked has the legal right to use force in their own defense as well.
(No special relationship req’d)
What is the defense of a dwelling?
(a) nondeadly force - person may use nondeadly force in defense of their dwelling when they reasonably believe such conduct is necessary to prevent or terminate another’s unlawful entry into or attack upon their dwelling
(b) deadly force - a person may use deadly force only to
- prevent a violent entry
- when a person reasonably believed that the use of force is necessary to prevent a personal attack on themselves or another in the dwelling
- or, to prevent an entry to commit a felony in the dwelling
What is defense of property?
Reasonable, nondeadly force may be used to defend property in one’s possession from what they reasonably believe is an imminent, unlawful interference.
Note: deadly force may NEVER be used wrt property
Note: force may not be used at all if request to cease would suffice
Note: a person may only use force to regain a possession if they reasonably believe it was wrongfully taken + are in immediate pursuit of taker
What is the defense of crime prevention?
(a) Nondeadly force may be used to the extent that it reasonably appears necessary to prevent a felony or a serious breach of the peace.
(b) deadly force may be used only if it appears reasonably necessary to prevent a dangerous felony involving risk to human life
What is the defense of use of force to effectuate arrest?
(a) cops: nondeadly force may be used if reasonably necessary to effectuate an arrest. Deadly force may be used if necessary to prevent a felon escape + the cop reasonably believes that the felon threatens death or serious bodily harm
(b) bystander summoned by cop - allowed to use the same force as cop, good faith assistance justified even if cop was exceeding their authority
(c) private persons: may use nondeadly force to make an arrest if a crime was in fact committed and the person has reasonable grounds to believe the person arrested has in fact committed the crime. may use deadly force only if the person harmed was actually guilty of the offense for which arrest was made
What use of force is allowed in resisting arrest?
Majority rule: Nondeadly force may be used in resisting an improper arrest even if D knew the officer.
Minority: D must not know officer to use nondeadly force + improper arrest
Both: deadly force may be used only if person doesn’t know its a cop arresting them
What are the other defenses (non-justification and not negating criminal capacity)?
(excuse defenses?)
- duress
- mistake of fact
- mistake of law
- consent
- entrapment
What is the excuse of duress?
Applies to any crime EXCEPT intentional homicide.
D reasonably believed that another person would imminently inflict death or GBH on them or a member of their family (some states: third person may suffice) if the D did not commit the crime.
c/l: threats to property not sufficient
MPC: threat to property can give rise to duress defense IF value of property > harm to society by crime
What is the necessity defense?
It is a defense to a crime if a person reasonable believed that commission of the crime was necessary to preventing an imminent and greater injury to society.
c/l: pressures must be from natural forces (not MPC rule though)
Note: death of another is never justified to protect property
Note: if D is at fault in creating circumstances that lead to necessity, can NOT use this defense
Note: duress = threat by person, necessity = not
What is the mistake/ignorance of fact defense?
ONLY applies when used to show that D lacked requisite state of mind.
Specific intent crimes: mistake does NOT need to be reasonable (e.g. A took B’s laptop thinking it was A’s, defense to larceny)
General intent crimes: mistake MUST be reasonable
Strict liability crimes: does NOT apply
Note: differentiate from defense of factual impossibility (not a defense generally). If someone is being charged with attempt they may claim factual impossibility - i.e. were mistaken about something and crime would not have occurred - which is not a defense. If someone committed an actus reus, they may argue mistake of fact wrt mens rea req’d.
What is the mistake/ignorance of law defense?
Generally, ignorance of the law is not a defense, EVEN if D was acting on advice from atty.
Exceptions:
- statute prohibiting conduct was not published or made reasonably available prior to conduct
- there was reasonable reliance on a statute or judicial decision
- (some jdx) reasonable reliance on official interpretation or advice
Note: mistake of law MAY negate intent req’d (e.g. crime req’s knowledge of selling gun to felon + D thought crime they were convicted of was a misdemeanor)
What is the entrapment defense?
(1) criminal design originated with law enforcement officers (NOT private ppl)
(2) D was not predisposed to commit the crime prior to contact by govt
Note: on exam, D is usually predisposed
What are the crimes relating to judicial action?
- perjury
- subornation of perjury
- bribery
- compounding a crime
- misprision of a felony
What is perjury?
Perjury is the
- intentional
- taking of a false oath (lying)
- in regard to a material matter (affects outcome)
- in a judicial proceeding
What is subornation of perjury?
Procuring or inducing another to commit perjury
What is bribery?
C/L: Bribery is the corrupt payment or receipt of anything of value for official action
MPC: extends to nonpublic officials
Note: both offering & taking are crimes
What is compounding a crime?
Agreeing, for valuable consideration, not to
- prosecute another for a felony
- to conceal commission of a felony
- or conceal the whereabouts of a felon
MPC: applies to any crime, not just felony
What is misprision of a felony?
c/l: misprision of a felony consists of the failure to disclose knowledge of the commission of a felony or to prevent the commission of. a felony
MPC: NOT a crime or requires some affirmative action
