Defenses Flashcards
Insanity
Four methods:
1) M’Naughten Rule
2) Irresistible Impulse
3) Durham (New Hampshire) Test
4) MPC
M’Naughten Insanity Test
Defendant entitled to acquittal if 1) disease of the mind 2) caused a defect of reason 3) 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
Irresistible Impulse Insanity Defense
Defendant entitled to acquittal if because of a mental illness, they were unable to control their actions or conform their conduct to the law
Durham (NH) Insanity Test
Defendant entitled to acquittal if the crime was the product of their mental illness (but for their mental illness).
MPC Insanity Test
Defendant entitled to acquittal if they had a mental disease or defect and as a result they lacked the substantial capacity to either 1) appreciate the criminality of their conduct or 2) conform their conduct to the requirements of law.
Insanity during criminal proceedings
Defendant can’t be tried, convicted or sentenced if as a result of their mental illness, they are unable to 1) understand the nature of the proceedings or 2) assist their lawyer in preparation of their defense
Voluntary Intoxication
Voluntary Intox only a defense for specific intent xrimes
Involuntary Intoxication
Taking an intoxicating substance without knowledge of its nature, under direct duress, or pursuant to medical advice without awareness of intoxicating effect
Non-Deadly Self Defense
Person without fault may use force they believe is reasonably necessary to protect themselves/others from the use of imminent unlawful force against them. No duty to retreat
Deadly (Lethal) Self Defense
Person may use deadly force in self defense if they 1) are without fault 2) are confronted by unlawful force and 3) reasonably believe that they are threatened with imminent death or great bodily harm
No duty to retreat (Majority)
Minority Duty to Retreat (Deadly Self Defense)
Minority view requires retreat before using deadly force if victim can safely do so, unless:
1) attack in victim’s own home
2) attack occurs while victim making lawful arrest
3) assailant is in the process of robbing the victim
Aggressor Right to Self Defense
Aggressor may only use force in defense of themselves only if:
1) effectively withdraw confrontation and communicate their desire to do so;
or
2)victim of initial aggression escalates confrontation into a deadly altercation and there is no chance to withdraw
Nondeadly Force to Defend a Dwelling
May be used when they reasonably believe that such conduct is necessary to prevent or terminate another’s unlawful entry or attack upon their dwelling.
Deadly force not authorized if there’s nobody inside
Necessity
Person reasonably believed that the commission of a crime was necessary to avoid an imminent and greater injury to society than that involved in the crime (objectively)
CL: injury must be caused by natural forces
Mistake of Fact
Only a defense if it shows that the defendant lacked the state of mind required for the crime
