Defenses

Question 1

Elaborate on the Mc Naughten Rule.

Answer 1

A defendant is entitled to acquittal if he is suffering from (a) a disease of the mind; (b) that caused a defect of reason; (c) such that the defendant lacked the ability at the time of their actions to either know the wrongfulness of their actions or understand the nature and quality of their actions.

Question 2

What is the irresistible impulse test?

Answer 2

A defendant is entitled to acquittal only if, because of a mental illness, they were unable to control their actions or conform their conduct to the law.

Question 3

What is the Durham test?

Answer 3

If the crime is the product of their mental illness. BUT FOR test.

Question 4

What is the MPC test for insanity?

Answer 4

A mental disease or defect due to which they lacked the substantial capacity to either: (a) appreciate the criminality of their conduct; or (b) conform their conduct to the requirements of law.

Question 5

What is the standard of proof for insanity defense?

Answer 5

Federal courts require clear and convincing evidence.

Most states require a preponderance of the evidence.

Some states require the prosecution to prove that the defendant was sane beyond a reasonable doubt.

Question 6

When can a defendant not be tried, convicted or sentenced on account of insanity?

Answer 6

If they are unable to understand the nature of the proceedings being brought against them, or to assist their lawyer in the preparation of their defense.

Question 7

Is voluntary intoxication a good defense to a general intent crime or a malice crime?

Answer 7

No. It may only be offered if the crime requires purpose or knowledge and the intoxication prevented the defendant from formulating the purpose or obtaining the knowledge.

Question 8

Are addicts considered voluntarily or involuntarily intoxicated?

Answer 8

Voluntarily intoxicated.

Question 9

What is involuntary intoxication?

Answer 9

If it results from taking of a substance without knowledge of its nature, under direct duress imposed by another, or pursuant to medical advise while unaware of its intoxicating effects.

Question 10

Where is involuntary intoxication not a defense?

Answer 10

None. It is a defense to all crimes.

Question 11

Elaborate on infancy as a defense.

Answer 11

No liability for the child under the age of seven.

Rebuttable presumption that the child was unable to understand the wrongfulness of their act, if a child is between the age of 8 and 14.

Children of age 14 or above are treated as adults.

Question 12

What is the right of an aggressor in the use of self-defense?

Answer 12

They may use force in defense of themselves only if they effectively withdraw from the confrontation and communicate to the other their desire to do so or the victim of initial aggression suddenly escalates the minor fight into a deadly altercation and the initial aggressor has no chance to withdraw.

Question 13

When can one claim on account of defense of others?

Answer 13

Only if they reasonably believe that the person assisted has the legal right to use force in their own defense.

All that is necessary is the reasonable appearance of the right to use force.

Question 14

When can deadly force be used in self defense?

Answer 14

If the person is without fault and is confronted with unlawful force and reasonably believes that they are threatened with imminent death or great bodily harm.

Question 15

Is there a duty to retreat before using deadly force in a self-defense case?

Answer 15

No. However, the minority view requires retreat before using deadly force if the victim can do so safely unless the attack occurs in the victim’s own home; the attack occurs while the victim is making a lawful arrest or the assailant is in the process of robbing the victim.

Question 16

What is the defense of dwelling?

Answer 16

A person may use nondeadly force if they reasonably believe that such conduct is necessary to prevent or terminate another’s unlawful entry into or attack upon their dwelling.

Deadly force may be used only to prevent a violent entry and when the person reasonably believes that the use of force is necessary to prevent a personal attack on themselves or another in the dwelling, or to prevent an entry to commit a felony.

Question 17

What is the defense of another’s property?

Answer 17

Deadly force can never be used in the defense of another’s property. Reasonable nondeadly force may be used to defend property in one’s possession from what they reasonably believe is imminent, unlawful interference.

Question 18

When can a person use force to regain possession of the property?

Answer 18

Only when they are in immediate pursuit of the taker.

Question 19

What is the defense of crime prevention?

Answer 19

Nondeadly force used to the extent that it reasonably appears necessary to prevent a felony or serious breach of the peace.

Deadly force may be used only if it appears reasonably necessary to terminate or prevent a dangerous felony involving risk to human life.

Question 20

When can police officers use deadly force?

Answer 20

Only if it is necessary to prevent a felon’s escape and the police officer reasonably believes that the felon threatens death or serious bodily harm.

Question 21

Is a bystander justified in using force if the officer was exceeding his authority?

Answer 21

Yes, he has a good faith defense.

Question 22

What are the defenses available to a private person making the arrest?

Answer 22

A private person has the privilege to use nondeadly force to make an arrest if a crime was in fact committed and the private person has reasonable grounds to believe the person arrested has in fact committed the crime. A private person may use deadly force only if the person harmed was actually guilty of the offense for which the arrest was made.

Question 23

Can one use force while resisting arrest?

Answer 23

Nondeadly force may be used to resist an improper arrest even if a known officer is making the arrest. The minority of courts/ MPC does not allow such use of force.

Deadly force may be used if the person arresting is a police officer.

Question 24

What is the excuse of duress?

Answer 24

Duress is not a defense to intentional homicide. It is a defense to a crime other than intentional homicide if the defendant reasonably believed that another person would imminently inflict death or bodily harm upon them or their family if the defendant did not commit the crime.

Question 25

Is the threat to one’s property sufficient for the excuse of duress?

Answer 25

Nope. In some states/ MPC, it is a defense only if the value of property outweighs the harm done to the society by the commission of the crime.

Question 26

What is the necessity defense to a crime?

Answer 26

It is a defense to a crime that the person reasonably believed that commission of a crime was necessary to avoid imminent and greater injury to the society than that involved in the crime.

Question 27

Causing the death of another person to protect property justified?

Answer 27

Nope.

Question 28

Is it a justifiable defense if the defendant is at fault for creation of a situation in which they choose between two evils?

Answer 28

Nope.

Question 29

What is the difference between duress and necessity?

Answer 29

Duress always involves a threat by a human.

Question 30

When is mistake or ignorance of fact a defense?

Answer 30

If the defendant lacked the state of mind required for the crime.

Question 31

Does the mistake of fact need to be reasonable for it to be a valid defense?

Answer 31

If the mistake is offered to ‘disprove’ a specific intent, the mistake need not be reasonable.

If the mistake is offered to ‘disprove’ any other intent, the mistake needs to be reasonable.

Question 32

When can entrapment be a valid defense?

Answer 32

Almost never. This is basically that the defendant only committed the crime because of harassment or coercion by a government official. It is available only if the criminal design originated with the law enforcement officers and the defendant was not predisposed to commit the crime prior to the contact by the government.