Defenses Flashcards
Elaborate on the Mc Naughten Rule.
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.
What is the irresistible impulse test?
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.
What is the Durham test?
If the crime is the product of their mental illness. BUT FOR test.
What is the MPC test for insanity?
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.
What is the standard of proof for insanity defense?
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.
When can a defendant not be tried, convicted or sentenced on account of insanity?
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.
Is voluntary intoxication a good defense to a general intent crime or a malice crime?
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.
Are addicts considered voluntarily or involuntarily intoxicated?
Voluntarily intoxicated.
What is involuntary intoxication?
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.
Where is involuntary intoxication not a defense?
None. It is a defense to all crimes.
Elaborate on infancy as a defense.
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.
What is the right of an aggressor in the use of self-defense?
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.
When can one claim on account of defense of others?
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.
When can deadly force be used in self defense?
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.
Is there a duty to retreat before using deadly force in a self-defense case?
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.
