Defenses

Question 1

duress

Answer 1

is an affirmative defense and excuses D’s conduct if it was the result of:
- a threat of imminent death or serious bodily injury,
- to the D or another, AND
- D reasonably believed he was unable to avoid the harm by non-criminal conduct

Most states: duress defense is NOT available for intentional killings

Question 2

insanity

Answer 2

D MUST have a mental disease or defect PLUS:
one of four tests
1. M’Naghten Test
2. MPC Test
3. Irresistible Impulse Test
4. Durham Test

NOTE: most states use the M’Naghten or MPC test

Question 3

M’Naghten Test

Answer 3

D is
1. unable to know the wrongfulness of his conduct, OR
2. unable to understand the nature and quality of his acts

Question 4

MPC test

Answer 4

D was
1. unable to appreciate the criminality of his conduct, OR
2. unable to conform his actions to the law

Question 5

Irresistible Impulse Test

Answer 5

D’s mental illness made him
1. unable to control his actions, OR
2. unable to conform his actions to the law

Question 6

Durham Test

Answer 6

D’s unlawful conduct was the product of mental illness

Question 7

Self defense

Answer 7

is a complete defense to a crime
two types of force:
1. non-deadly force
2. deadly force

Question 8

non-deadly force

Answer 8

justified when:
1. D reasonably believes,
2. that he’s in imminent danger of being harmed, AND
3. the force used is proportional to the harm threatened

Question 9

deadly force

Answer 9

justified when:
1. D kills based on a reasonable belief,
2. that he was in imminent danger of being killed or suffering great bodily injury, AND
3. the use of deadly force was necessary

Question 10

duty to retreat

Answer 10

Minority of States: D has a duty to retreat before deadly force may be used
- BUT D has no duty to retreat when:
1. no opportunity to retreat,
2. he could not retreat safely, OR
3. if attacked in his own home

Question 11

initial aggressor

Answer 11

An aggressor MAY ONLY use force in self-defense IF:
- he withdraws and communicates it, OR
- the other person escalates the fight with deadly force and withdrawal is NOT possible

Question 12

defense of others

Answer 12

same rules as self-defense

Question 13

imperfect self-defense

Answer 13

mitigates murder to voluntary manslaughter when:
1. D kills based on a good faith belief of self-defense,
2. BUT such belief was unreasonable

Question 14

voluntary intoxication

Answer 14

ingensting an intoxicating subtance by D’s own free will
- ONLY a defense to specific intent crimes

Question 15

involuntary intoxication

Answer 15

ingesting an intoxicating substance wihtout knowledge or by force
- is a defense to ALL crimes - use same tests for an insanity defense

Question 16

mistake of fact

Answer 16

is a defense if it negates the mental state required for the crime
- NOT strict liability (no intent element)

NOTE: can be UNREASONABLE for specific intent crimes ONLY

Question 17

mistake of law

Answer 17

generally NOT a defense