Defenses

Question 1

Insanity

Answer 1

M’Naghten: because of a mental illness, defendant does not know right from wrong or does not understand his actions

Irresistible Impulse: because of a mental illness, defendant was unable to control their actions or conform their conduct to law

Durham: but for a mental illness, defendant would not have done the act

MPC: because of a mental illness, defendant did not understand his conduct and was unable to conform his conduct to the law

Question 2

Intoxication

Answer 2

Voluntary: as a result of intentional taking of a substance known to be intoxicating, the defendant was unable to develop the intent for the crime
-only available for specific intent crimes

Involuntary: as a result of taking an intoxicating substance without knowledge of its nature, under duress, or pursuant to medical advice, the defendant was unable to develop the intent for the crime
-apply insanity tests
-available for all crimes

Question 3

Infancy

Answer 3

Common Law: no liability for acts committed by children under age 7; between 7-14 it’s a rebuttable presumption that the child was unable to understand the wrongfulness of her acts

Modern Law: no liability for acts committed by children under age 13-14; age is a defense to adult crimes but not to juvenile delinquency

Question 4

Self-Defense

Answer 4

NDF: can use such non-deadly force as you reasonably believe necessary to protect yourself from imminent use of unlawful force against you
-no duty to retreat

DF: can use deadly force if you are without fault, are confronted with unlawful force, and reasonably believe you are threatened with imminent death or great bodily harm
-majority: no duty to retreat
-minority: retreat if safe, unless you are at home, are making a lawful arrest, or are being robbed

Not allowed for first aggressors unless they first withdraw or the other person escalates.

Question 5

Defense of Others

Answer 5

NDF: can use non-deadly force to defend others if you reasonably believe that the person has the legal right to use force in their own defense

DF: can use deadly force to defend others if you reasonably believe that the person is threatened with imminent death or great bodily harm

Question 6

Defense of Home

Answer 6

NDF: can use non-deadly force to prevent or end an unlawful entry into the home

DF: can only use deadly force if you reasonably feel you are threatened or to prevent a felony inside

Question 7

Defense of Personal Property

Answer 7

NDF: can use non-deadly force to defend your property from what you reasonably believe is an imminent, unlawful interference

DF: never allowed

Question 8

Duress

Answer 8

Duress is a defense if the defendant reasonably believed that another person would imminently inflict death or great bodily harm upon them or a member of their family if they did not commit the crime
-inapplicable to homicide

Question 9

Necessity

Answer 9

Necessity is a defense if the defendant reasonably believed that commission of the crime was necessary to avoid an imminent and greater injury to society that that involved in the crime
-DF never allowed

Question 10

Mistake of Fact

Answer 10

Mistake of fact is a defense if the defendant shows that he lacked the state of mind required for the crime
-mistake must be reasonable for general intent crimes
-mistake can be unreasonable for specific intent crimes
-inapplicable to strict liability crimes

Question 11

Mistake of Law

Answer 11

Mistake of law is only a defense if the mistake negated awareness of some aspect of the law regarding the elements of the crime or was due to reasonable reliance or an unavailable statute
-inapplicable to strict liability crimes

Question 12

Entrapment

Answer 12

Defendant must show that the criminal design originated with law enforcement officers and the defendant was not predisposed to commit the crime