Defenses Flashcards
What are some examples of justification defenses? Excuse defenses?
Defenses may be divided into the categories of justification and excuse.
Justification: When the defendant’s actions, despite being criminal, are socially acceptable, the defendant has acted justifiably. Self-defense and defense of others are examples of justification defenses.
Excuse: When the defendant has a disability that makes her not responsible for her actions, the defendant’s criminal behavior is excused. Insanity, intoxication, and duress are examples of excuse defenses. This distinction does not affect the applicability or operation of these defenses.
Under what circumstances is mistake of fact a defense?
The defendant may generally rely on a defense if the mistake is a reasonable one. In determining the reasonableness of the mistake, the defendant’s physical characteristics, experiences, and knowledge are taken into account. An unreasonable factual mistake is a defense only to a specific-intent crime.
When is self-defense a legitimate defense?
One who is not the aggressor is justified in using reasonable force against another person to prevent immediate unlawful harm to himself.
- -harm must be imminent, not a threat of future harm
- -D can use only as much force as is required to repel the attack
When is deadly force justified in self-defense?
Deadly force is force that is intended or likely to cause death or serious bodily injury. Deadly force may be justified in self-defense only when it is reasonably necessary to prevent death or serious injury or to prevent the commission of a serious felony involving a risk to human life.
What is the rule of imperfect self-defense?
Imperfect self-defense occurs when the person claiming self-defense unjustifiably kills the attacker. The purpose of the rule is to reduce the charge from murder to voluntary manslaughter. The rule, adopted in most states, is applied when the defendant cannot claim perfect self-defense for some reason. For example, a defendant honestly but unreasonably believes that deadly force is required to prevent death or serious bodily injury.
When does an initial aggressor gain the right to act in self-defense?
In two circumstances:
(i) an aggressor using nondeadly force is met with deadly force, or
(ii) the aggressor has, in good faith, completely withdrawn from the altercation and has communicated that fact to the victim.
When can force be used in defense or property?
A person in lawful possession of property that is threatened by the conduct of another, and who has no time to seek assistance from law enforcement, may take reasonable steps, including the use of nondeadly force, to protect the property.
NO DEADLY FORCE except to prevent or terminate forcible entry into a dwelling if the occupant reasonably believes that the intruder intends to commit a felony inside.
What is the rule about retreating before using deadly force?
Majority: Retreat is not required
Minority: Must retreat rather than using deadly force if safe to do so (except in your own home: “castle doctrine”)
Exam Tip 12: On the MBE, the question will tell you if you are to assume a duty to retreat. Otherwise, assume that you can use deadly force to resist deadly force or another serious crime.
When is duress a defense?
Defendant claims he committed a crime only because he was threatened by a third party and reasonably believed that the only way to avoid death or injury to himself or others was to commit the crime.
In order to be a defense, there must be a threat of death or serious bodily harm. Mere injury, particularly injury to property, is not sufficient.
Duress is not a defense to intentional murder. A defendant charged with felony murder may claim duress as a defense to the underlying felony and avoid conviction for felony murder.
When is necessity a defense?
Available in response to natural forces; i.e., it is the lesser of two evils. (Note: The MPC does not explicitly limit the defense of necessity to natural forces.)
The law prefers that the defendant, when faced with two evils, avoids the greater evil by choosing the lesser evil, e.g., the destruction of property to prevent the spread of a fire.
EXAM NOTE: While the defendant may escape criminal liability, the defendant may be compelled by tort law to reimburse the victim for any losses.
When is intoxication a defense?
Specific-intent crimes (FIAT or MPC statute with “purposely”): Can use either voluntary or involuntary intoxication as a defense, if the defendant could not maintain the state of mind necessary for the offense
General-intent crimes: Can use only involuntary intoxication as a defense
What kind of force can be used to prevent:
a) a serious felony involving a risk to human life?
b) a felony or a breach-of-the-peace misdemeanor?
a) deadly force
b) non-deadly force
Note: A private citizen who makes a mistake, even a reasonable mistake, as to the commission of a serious felony by the victim is not entitled to rely on this defense.
Consent to bodily injury or to conduct that may cause bodily injury may constitute a defense when ___.
the injury is not serious or, with regard to a sporting event or similar activity, the conduct and injury are reasonably foreseeable (e.g., boxing)
What is entrapment and when is it a defense?
Entrapment is a law-enforcement officer’s conception, planning, and procurement of an offense by a defendant who would not have committed it except for the trickery, persuasion, or fraud of the officer.
Majority/SCOTUS: subjective test that focuses on the defendant. Entrapment occurs when (i) the crime is induced by a government official or agent, and (ii) the defendant was not predisposed (i.e., ready and willing) to commit the crime.
Minority/MPC: objective test focused on the government’s action and the effect those actions would have on a hypothetical innocent person. This approach requires the government official or agent to have induced or encouraged the defendant to commit a crime by employing methods of persuasion or inducement that create a substantial risk that the crime will be committed by an otherwise law-abiding citizen.
The modern trend allows a defendant to deny participation in an event, yet still raise the defense of entrapment.
When is an alibi a defense?
An alibi is not an affirmative defense; the defendant is not required to prove that he was elsewhere when the crime was committed. Instead, the burden remains on the prosecution to prove that the defendant was the person who committed the crime.
