Defenses Flashcards
Specific Intent Crimes
Solicitation, conspiracy, attempt, burglary, robbery, larceny, embezzlement, false pretenses, forgery, assault, intentional murder
Voluntary Intoxication
Defense only to specific intent crimes
Mistake of Fact
Defense to specific and general intent crimes
Imperfect Self Defense
Where persona unreasonably but honestly believed use of deadly force was necessary. May lower charge.
Involuntary Intoxication
Defense to ALL crimes
Defense of Others
Just need to reasonable belief that force was necessary. Don’t need a relationship with person.
Duress
Def must commit a crime to prevent great bodily harm or death to himself or 3rd person to get defense.
Defense to all crimes except intentional homocide.
Necessity
Crime committed to prevent worse harm to society. Can’t be the one who caused the problem.
Self Defense
Non-Deadly Force: can use as long as reasonable, no duty to retreat
Deadly Force: must be innocent and have reasonably believed that greats bodily harm or death was imminent.
-No duty to retreat in majority Jx
-Must retreat in minority of Jx unless in own home or can’t be done safely
Self Defense as 1st Aggressor
Can’t make a self defense claim if 1st aggressor unless:
1. Complete withdrawal communicated to other person
2. Other person escalates fight and no time to retreat
M’Naughten Test
A disease of the mind caused the person to not know the wrongfulness of their actions at time crime committed
Irresistible Impulse Test
Defendant couldn’t control his actions or conform to legal conduct
Durham Test
Crime was the product of a mental defect or disease.
MPC Insanity Test
Combine M’Naughten Test and Irresistible Impulse Test
General Intent Crimes
Crimes where intent to do the action is the mental state needed
Rape, battery, kidnap, false imprisonment, involuntary manslaughter
