Defenses

Question 1

Irresistible Impulse Test

Answer 1

The defendant will be found not guilty if he can show:

1. He understood his actions, but,
2. Due to a disease of the mind,
3. He was unable to control or restrain these actions.

Question 2

Insanity Defense

Answer 2

In Virginia, the defendant may choose to use either the M’Naghten or irresistible impulse test. Not both.

Question 3

Insanity Defense - Notice to the State

Answer 3

D must give commonwealth’s attorney:
• Written notice,
• Of D’s intent to raise an insanity defense,
• At least 60 days before trial.

Question 4

Insanity Defense - Burden of Proof

Answer 4

The defense has the burden of proving to the satisfaction of the jury that the defendant was insane.

• Note that this is not typical BoP language

Question 5

Intoxication Defense

Answer 5

Voluntary intoxication is not a defense, even for specific intent crimes, unless it has produced permanent insanity

• Exception: May prevent premeditation. Defense to the crimes of the first degree murder or capital murder if a person is so greatly intoxicated as to be unable to deliberate or premediate
• Exception to this exception: Mere intoxication from drugs or alcohol is not sufficient by itself to negate premeditation

Question 6

Infancy Rule

Answer 6

• If under 7, assumed incapable of forming intent to commit crime.
• If under 14, rebuttable presumption of incapacity, but the presumption grows weaker as the child grows older.
• If the age is 14 or over, there is a presumption of capacity They may be tried as an adult if charged with offense that would be a felony if committed by adult.

Question 7

Entrapment

Answer 7

Prosecution may use prior crimes to show predisposition

However, the crime must be close in time, a similar crime, and the probative value must outweigh the prejudice

Question 8

Self-Defense - Non-Deadly Force

Answer 8

D may use physical force to defend himself if there is a reasonable appearance that the use of force is justified.

Question 9

Non-Deadly Force - How “Reasonable Appearance” is Determined

Answer 9

From subjective viewpoint of the defendant at the time he acted.

Question 10

Non-Deadly Force - Duty to Retreat & Amount of Force Used

Answer 10

There is no duty to retreat

The force used must be reasonable under the circumstances

Question 11

Deadly Force - Fault Requirement

Answer 11

Person claiming self-defense must be without fault and show an imminent danger of death or great bodily injury.

Question 12

Deadly Force - Present Danger Requirement

Answer 12

If used in self-defense to a threat, there must be present danger of death or great bodily injury.

Words alone are insufficient and fear of life and safety must be reasonable.

Question 13

Deadly Force - Retreat Requirement

Answer 13

Retreat is not required before using deadly force when confronted with an aggressor.

• Exception: defendant was at fault/provoked the aggressor. Must retreat as far as safely possible before using deadly force.
• Exception to the exception: no duty to retreat on one’s own premises BUT use of force must be reasonably calculated to repel the intruder (deadly force allowed)

Question 14

Deadly Force - When Aggressor Can Use

Answer 14

Aggressor may regain right to use force after total abandonment of the original attack

Question 15

Deadly Force - Defense of Dwelling

Answer 15

Non-deadly force can be used to prevent entry, but deadly force may only be used when fearing great bodily injury

Question 16

Defense of Others Rule

Answer 16

D steps into the shoes of the person he defends

So no defense if the person defending had no legal right to use force in self-defense.