DEFENSES

Question 1

Defenses Checklist

Answer 1

• Insanity
  
  • M’Naghten Rule
  • Irresistible Impulse Test
  • Durham Rule
  • MPC Test
• Intoxication
  
  • Voluntary Intoxication
  • Involuntary Intoxication
• Mistake
  
  • Mistake of Fact
  • Mistake of Law
• Entrapment

Question 2

Insanity

Answer 2

The defendant may be found not guilty by reason of insanity. The insanity defense encompasses any possible mental irregularities that can affect the defendant’s culpability. There are four tests for insanity: (i) M’Naghten rule, (ii) Irresistible Impulse, (iii) Durham Rule, (iv) Model Penal Code

*if insanity is an issue, analyze each test

Question 3

Insanity - M’Naghten Rule

Answer 3

Under the M’Naghten rule, the defendant is not guilty if it can be established that because of a (1) defect of reason (2) due to a mental disease, the defendant (3) did not know either the wrongfulness of his act or the nature and quality of his act

Question 4

Insanity - Irresistible Impulse Test

Answer 4

Under the Irresistible Impulse Test, the defendant is not guilty if, due to mental disease, he was unable to control his conduct to conform to the law.

Question 5

Insanity - Durham Rule

Answer 5

Under the Durham rule, the defendant is not guilty if the criminal act was the product of a mental disease or defect. The criminal act is a product if it would not have been committed but for the mental ailment.

Question 6

Insanity - Model Penal Code Test

Answer 6

Under the MPC, the defendant is not guilt if, at the time of the conduct, the defendant lacked the substantial capacity to appreciate the wrongfulness of his act or conform his conduct to the law.

Question 7

Intoxication - Voluntary Intoxication

Answer 7

Voluntary intoxication occurs by voluntarily consuming an intoxicating substance. Voluntary intoxication is inapplicable when (i) intoxication occurs after the intent is formed or (ii) when the defendant purposely becomes intoxicated to gain the “liquid courage” to commit the crime.

Question 8

Intoxication - Involuntary Intoxication

Answer 8

Involuntary intoxication occurs by involuntarily consuming an intoxicating substance (i) without knowledge of its nature, (ii) under duress, or (iii) pursuant to a prescription or medical professional’s advice. Involuntary intoxication is defense to murder.

Question 9

Mistake

Answer 9

Mistake of Fact - Mistake of fact is a defense if it negates the requisite state of mind for a crime

Mistake of Law - Mistake of law is when the defendant is unaware that his actions are unlawful. Generally, ignorance of illegality is not a defense.

Question 10

Entrapment

Answer 10

To assert entrapment as a defense, the defendant must show (1) the criminal activity was induced by law enforcement or its agent, and (2) the defendant was not otherwise predisposed to commit the crime