Defenses Flashcards
TYPES OF DEFENSES
Failure of proof, offense modification, justifications, excuses, nonexculpatory public policy defenses.
FAILURE OF PROOF
An individual’s simplest defense in a criminal prosecution is to claim that the prosecution has not or cannot prove an element of the offense.
OFFENSE MODIFICATIONS
In rare cases, all of the elements of the offense are satisfied but the actor has not caused the harm or evil sought to be prevented by the statute.
JUSTIFICATIONS
Where the harm was justified (that is, right and good) given the circumstances (ex., self-defense, defense of others, etc.). Applies to all offenses.
EXCUSES
Excuses admit that the deed may be wrong, but excuse the actor because conditions suggest that the actor is not responsible for their deed (ex., insanity, PTSD, etc.). Applies to all offenses.
NONEXCULPATORY PUBLIC POLICY DEFENSES
Where the actor is blameworthy/culpable for the offense, but there is a societal benefit from foregoing their conviction.
Example: Foreign Immunity, Incompetency, Judicial, Legislative, and Executive Immunities. Each further an important societal interest.
SELF-DEFENSE: C/L
SELF-DEFENSE: MPC 3.04(1)
S/D NECESSITY REQUIREMENT
AGGRESSOR
Cannot claim the right of self-defense, but can regain the right upon communicating to the adversary an intention to withdraw and attempting to do so in good faith (Peterson).
APPROACHES TO RETREAT
“Retreat to the wall” (minority; common law) vs. SYG when reasonably necessary for self-preservation.
STAND YOUR GROUND (SYD)
RETREAT-TO-WALL
CASTLE DOCTRINE
S/D REQUIREMENTS
