Defenses

Question 1

Defenses Negating Criminal Liability - Insanity

What are the four tests for insanity?

Answer 1

M’Naghten Rule (Right/Wrong Test): doesn’t know right from wrong / doesn’t understand his actions
Irresistible Impulse Test (Self Control Test): unable to control actions bc it’s impulse that D can’t resist
Durham Test: but for mental illness, D wouldn’t have done act
MPC: D lacked substantial capacity to appreciate criminality of conduct / follow the law

M’Naghten
* (1) Disease of mind (2) caused defect of reason (3) such that D lacked ability to know wrongfulness of actions at time of acting/couldn’t understand nature and quality of their actions
* Must meet test for: delusions, belief that actions are morally right, loss of control from mental illness

Irresistible Impulse
* D was unable to control actions or conform conduct to law

Durham (New Hampshire) (broadest)
* Crime was product of mental illness (crime wouldn’t have been committed but for the disease)

MPC/ALI (M’Naghten + Irresistible Impulse)
* Because of D’s mental disease/defect, D lacked substantial capacity to (a) appreciate criminality of conduct or (b) conform conduct to requirements of law

Question 2

Defenses Negating Criminal Liability - Intoxication

When can voluntary intoxication be used as a defense?

Intoxication = drugs, alcohol, medicine

Answer 2

Intentional taking without duress of substance known to be intoxicating
* Defense to specific intent crimes
* NOT a defense for specific crime if D forms intent to commit crime BEFORE drinking and then drinks to work up nerve/courage to commit the crime

Rationale for specific intent: specific intent crimes require purposeful intent/knowledge, and intoxication could prevent D from forming purpose/obtaining knowledge.

Specific intent crimes: inchoate crimes, larceny, robbery, burglary, embezzlement, forgery, and false pretenses

Question 3

Defenses Negating Criminal Liability - Intoxication

When can involuntary intoxication be used as a defense? When does a person become involuntarily intoxicated?

Answer 3

Can be used as a defense to ALL crimes.
* Treated as mental illness, so apply INSANITY tests

Involuntary Intoxication = Taking of intoxicating substance (a) without knowledge of its nature, (b) under direct duress imposed by another, or (c) pursuant to medical advice while unaware of intoxicating effect

Question 4

Defenses Negating Criminal Liability - Infancy

What are the rules around infancy as a defense?

Answer 4

Common law:
* Child under 7: no liability
* Ages 7-14: rebuttable presumption that child couldn’t understand wrongfulness of acts
* 14+: treated as adults

Modern statutes: no child can be convicted of crime until stated age reached (13 or 14 usually)
* Child can be found delinquent in special juvenile/family court

Question 5

What is the diminished capacity defense?

Answer 5

Mental illness short of insanity can be asserted to specific intent crimes to mitigate accused’s culpability/reduce charge to lesser offense

Question 6

Defenses Negating Criminal Liability Review

Question 7

Justification Defenses - Self-Defense

Is self-defense a complete defense or a mitigating defense?

Answer 7

Self defense is a COMPLETE defense. If charged with murder, but D successfully claims self-defense, D isn’t charged with anything.

Rationale for justification defenses: where even though D committed proscribed act, society says D shouldn’t be punished bc circumstances justify the act
* Justification defenses hinge on immediacy of threat; threat of future harm is not sufficient

Question 8

Justification Defenses

When can nondeadly vs. deadly force be used?

Answer 8

Nondeadly force: where a person reasonably believes it’s necessary to avoid imminent injury or retain property

Deadly force: where a person is (1) without fault and (2) confronted with “unlawful force” and (3) reasonably believes they’re being threatened with imminent death or serious bodily harm
* Imperfect self-defense: if person kills but doesn’t meet all three requirements, charged w/manslaughter instead of murder

Question 9

Justification Defenses - Self-Defense

Is there a duty to retreat? What is the minority view and it’s exceptions?

Answer 9

NO, generally.

Minority: imposes duty to retreat if victim can safely do so UNLESS
* Attack is in victim’s own home
* Attack happens while victim is making lawful arrest
* Assailant is robbing victim

Question 10

Justification Defenses - Right of Aggressor to Use Self-Defense

Can an aggressor use self-defense?

Answer 10

(a) Only if aggressor withdraws from confrontation + communicates desire to do so OR
(b) Victim of initial aggression suddenly escalates minor fight into deadly altercation and initial aggressor has no chance to withdraw

Question 11

Justification Defenses - Defense of Others

Can a person use force in the defense of others? Does there need to be a special relationship between the parties?

Answer 11

Right to defend others IF D reasonably believes person assisted has legal right to use force in their own defense
* Just look for reasonable appearance of right to use force

NO special relationship needed between D and third party

Question 12

Justification Defenses - Defense of Dwelling

What kind of force can D use to defend dwelling?

Answer 12

Nondeadly force, only if D reasonably believes it’s necessary to prevent/terminate another’s unlawful entry into/attack on their dwelling.

Deadly force can be used:
(a) to prevent violent entry and D reasonably believes it’s necesary to prevent personal attack on D or another in dwelling, OR
(b) to prevent **entry to commit felony **in dwelling

NO SPRING LOADED GUNS.

Question 13

Justification Defenses - Defense of Other Property

When can D use force to defend possessions/property?

Answer 13

Nondeadly force CAN be used to defend property from reasonable belief of imminent, unlawful interference.

Deadly force can NEVER be used in defense of property

Regaining possession: can use force to regain possession of property D reasonably believes was wrongfully taken only if D’s in immediate pursuit of taker

Question 14

Justification Defenses - Crime Prevention

When can be force be used to prevent crime?

Answer 14

Nondeadly force: where reasonably necessary to prevent felony or serious breach of peace

Deadly force: reasonably necessary to terminate/prevent dangerous felony involving risk to human life

Question 15

Justification Defenses - Resisting Arrest

When can a person being arrested use force to resist arrest?

Answer 15

Majority: Nondeadly force can be used to resist improper arrest, even if arrestee knows it’s a cop

Minority/MPC: arrestee cannot resist known police officer

Arrestee can use deadly force if he doesn’t know that person arresting him is police officer

Question 16

Exculpatory Defense - Duress

When does excuse of duress apply?

Answer 16

Where D reasonably believed that another person would imminently inflict death/great bodily harm on D or member of D’s family if D didn’t commit the crime.
* Ex. D’s family taken hostage

Applies to ALL crimes except intentional homicide

Threat always is by a human (unlike necessity)

Question 17

Justification Defenses - Necessity

When can necessity be used as a defense?

Answer 17

Where person reasonably believed that committing crime was necessary to avoid imminent and greater injury to society than what the crime involved.
* Traditional common law: natural forces like tornado/hurricane (ex. tsunami is coming so D breaks into canoe shop, takes canoe, and gets family to safety)
* Modern law: doesn’t need to be from natural forces

Objective test (good faith belief not enough)

• Death: Killing someone to protect property is never justified
• Fault: If D is at fault for creating situation (and had to choose between two evils), can’t use necessity

Question 18

Justification Defenses Review

Question 19

Exculpatory Defenses - Mistake of Fact

When is mistake or ignorance of fact a defense?

Answer 19

Specific Intent crimes: mistake doesn’t need to be reasonable
* Mistake of fact shows that D lacked state of mind requirement

General Intent crimes: mistake MUST be reasonable

Applies to all crimes except strict liability

Distinguish: Mistake of Fact vs. Factual Impossibility
* Mistake of Fact: defense to completed crime that negates required intent
* Factual Impossibility: arises when D failed to complete crime bc of mistaken beliefs about the facts and so is being charged with an attempt to commit the crime; impossibility is NOT a defense to attempt

Question 20

Exculpatory Defenses - Mistake of Law

When is mistake or ignorance of law a defense?

Answer 20

Generally NOT a defense that D didn’t think his actions would constitute a crime.

Exceptions:
(1) statute proscribing conduct wasn’t published/made reasonably available prior to conduct
(2) D reasonably relied on statute or judicial decision
(3) D reasonably relied on official interpretation or advice (some jx)

Question 21

Exculpatory Defenses - Entrapment

When does the defense of entrapment apply?

Answer 21

Where (a) criminal design originated with police and (2) D wasn’t predisposed to commit crime before gov contact
* If D was predisposed, merely providing opportunity for D to commit crime is NOT entrapment –> D can’t use entrapment defense
* D can’t be entrapped by a private citizen

Gist: Police set up trap for D to catch him in the act

Question 22

Exculpatory Defenses - Consent

What are the requirements for consent as a defense?

Answer 22

Consent must be (a) freely given, (b) party is capable of consenting, and (c) no fraud was used to obtain consent

Applicable to crimes requiring lack of consent (rape), minor assaults, and batteries

Question 23

When can police use deadly force?

Answer 23

To apprehend or prevent escape of felon who poses threat of serious bodily harm to officer or others