Defenses Flashcards
Insanity FL
1) The D has a mental disease, defect, or infirmity and
2) because if this, D did not know what he was doing or it’s consequences or he did not know it was wrong.
M’Naghten rule
Defense of insanity
Time of commission of the act D was laboring under such a defect of reason from a disease of the mind as to not know the nature and quality of the act he was doing or he did not know it was wrong.
Irresistible impulse test
Insanity defense
D had a mental disease that kept him from controlling his conduct.
MPC test
Insanity defense
At the time of the criminal conduct, as a result of mental disease or defect, he la Jed substantial capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of law.
Durham rule
Insanity defense
Unlawful act was the product if a mental disease or defect.
(Act would not have been committed but for the disease or defect.)
Diminished capacity
D did not have the state of mind that is an element of the offense.
- less than insanity.
- not all JDs.
Intoxication
Defense only when it negates the existence if an element of the crime.
both voluntary and involuntary intoxication from any source.
Justification
When an act is justified, as if no crime was committed, even if the result would be criminal.
Self defense FL
There is no duty to retreat if D is in a place he has a right to be.
There is a presumption that D operated on fear of imminent peril of death or gross bodily harm.
Allows use of deadly force in defense of self or another.
* but can’t use any force to resist arrest by law enforcement.
Self Defense
D operates under a reasonable belief that he is in imminent danger of unlawful bodily harm he may use amount of force reasonably necessary to prevent a harm unless he is the initial aggressor.
can mitigate murder to vol manslaughter when D started it or honestly thought deadly force was necessary.
Aggressor
The one who strikes the first blow or commits a crime against the victim.
Regains self defense status if:
1) he withdraws as perceived by the other party, or
2) the victim escalates the force.
Defense of others
D reasonably believed that the use of force was necessary to protect a TP that is being unlawfully attacked.
Available even if D is wrong, but his belief was reasonable.
Available even If used lethal force.
Necessity
D reasonably believes that his conduct is necessary to avoid a greater harm.
Defense of property
Reasonable non deadly force is permitted in defending from theft, destruction of property or trespass where D reasonably believes property in immediate danger and force is not greater than necessary.
Law enforcement defenses
Citizen D allowed to use non deadly force that reasonable appears necessary to prevent a felony or breach of the peace.
Citizen D can use deadly force only if a dangerous felony is being committed and the victim is actually guilty of the crime.
