Defenses Flashcards
What is Insanity defense
-Insanity is excuse that D lacks mental responsibility
-if D was legall insane at the time of his criminal act, no criminal liability is imposed
M’Naughten Test
Focuses on D’s reasoning abilities at the time of an offense - a D will be relieved of criminal responsibility upon proof that, at the time of the commission of the crime:
1. D suffered from a severe mental disease or defect
2. as a result, the D us unable to know either (a) the nature and quality of their act OR (b) that what the ywere doing was wrong
Impermissible Impulse Test
D will not be found guilty when they had a mental disease that kept them from controlling their conduct
MPC Test
D is not responsible for criminal conduct if, at the time of such conduct and as a result of such mental disease or defect, they lacked the substantial capacity to appreciate the criminal wrongfulness of their conduct or to conform conduct to the requirements of the law
Durham / New Hampshire Rule
D is not criminally responsible if the unlawful act was the product of a mental disease or defect and that it wouldn’t have been committed “but for” the disease or defect
Involuntary Intoxication
Can be alcohol or narcotic
Will be a defense to any crime requiring proof of general or specific intent, so long as it negates the requisit mens rea
Voluntary Intoxication
Voluntary intoxication is not a defense to general intent crimes and will not negate recklessness, negligence or strict liability
Voluntary intoxication may be a valid defense for a specific intent crime if it negates the requisite mental state (purposeful or knowing)
Duress
Duress excuses criminal conduct where the defendant reasonably believes that the only way to avoid an unlawful threat of great bodily harm or imminent death is to engage in unlawful conduct
Duress is NOT a defense to murder, unless to excuse the underlying felony in felony murder
Self Defense
Justification defense applicable where there is an honest and reasonable judgement that it is necessary to use force to defend against an unlawful, imminent threat of bodily harm
What are requirements for claiming self defense
- D must be the victim of the unlawful threat (cannot be the initial aggressor)
- D must be in imminent danger of unlawful bodily harm
- D must use proportional force that’s no more than reasonably necessary to prevent the imminent harm
Homicidal Self-Defense
Deadly force used in self-defense is only permitted in response to an imminent threat of death or grievous bodily harm
Unclean Hands
Doctrine that initial aggressor may not claim self-defense
Common-law exception to unclean hands
Initial aggressor may regain the right to use self-defense only by complete withdrawal perceived first by the first victim
MPC exception to unclean hands
The initial aggressor has the right to self-defense if the first victim responds to the aggression with excessive force
Retreat Rule
The victim of unlawful violence has the duty to retreat before the use of deadly force
Exception to retreat rule
Even when retreat is required under general circumstances, retreat is not required in the defendant’s own home, car or office, and is not required if retreat isn’t feasible
Defense of Others
Force is justified when necessary to defend a. third party who is facing an unlawful imminent threat of bodily harm
Use of deadly force is only justified whne there is a threat of death or grievous bodily harm
Majority Rule for Defense of Others
Requirement that defense be based on the reasonableness of the defendant’s belief that the third person was being unlawfully attacked.
May still claim defense of others if reasonable but mistaken
Minority rule for defense of others
D steps into the shoes of the victim being attacked - if the third party was the initial aggressor or failed to retreat when required by law then the defendant has no defense
Defense of Property
Reasonable, non-deadly force is justified in defending one’s property from theft, destruction or trespass where
1. the D has a reasonable belief that their property is in immediate danger and
2. No greater force than necessary is used
Can deadly force ever be used to defend property?
No
Necessity
Defense of necessity justifies the commission of what is normally a crime when:
1. it is necessary to avoid an immediate threat of greater harm to persons or property
2. there is no reasonable alternative to breaking the law to avoid the greater harm
3. D is not responsible for causing the harm
Is necessity a defense to murder
Common law: necessity is never a defense to murder, unless raised as a defense to the underlying felony for felony murder
MPC: Necessity can be raised as a defense for all charges, even homicide, which might result in acquittal if the defendant kills one person to save multiple lives
