Defenses Flashcards
Chapter 9
What are the three categories for defenses?
- Failure of Elements (FED) defenses
- Affirmative defenses
- Public Policy defenses
What is the failure of elements defense?
This describes defenses that seek to raise a reasonable doubt that the prosecution proved one or more elements of the crime or defendant’s identity; the idea that the prosecution failed to prove one or more elements of its case
What are affirmative defenses?
It presents new matter to excuse or justify conduct that would otherwise lead to liability
What are public policy defenses?
The legislature decides individuals should not be prosecuted even though they may be guilty
What failure of elements defenses are available?
- Mistake of Fact
- Rape prosecutions: defendant argues that his mistake about consent negates mens rea, since he lacked intent to commit rape
- Accident: defendant acted without forming the mental state necessary to make his actions a crime
- Alibi: defendant was not at the crime when it took place
- Mental Illness: the person does not have the mens rea for the charged offense (used for this purpose, mental illness is an FED; can be used as a defense for specific intent crimes but not general intent crimes unless the crime requires knowledge)
What is failure of evidence: mistake of fact defense?
The jury believes defendant’s evidence of mistake, then defendant lacked the mens rea required for guilt (defense does not help strict liability offenses)
How does failure or evidence: mistake of fact affect general and specific intent?
General intent: mistake must have been honest AND reasonable under the circumstances
Specific intent: mistake must have been honest, but it does not have to be reasonable
What affirmative defenses are available?
- Entrapment
Justifications: the defendant’s conducts under the circumstances were morally correct
1. self-defense (perfect and imperfect)
2. necessity
Excuses: defendant did the wrong thing and the acts were not morally defensible; however, there is something wrong with the defendant, some defect renders the defendant morally blameless
1. Duress
2. Insanity
What is self defense?
When a person kills to protect themselves from greater harm
What is perfect self-defense?
The defendants need for self defense was honest and reasonable
*This is a complete defense and a defendant can be acquitted
What are the elements for perfect self-defense?
- The defender honestly believed they were in imminent danger of being killed or suffering great bodily injury or being raped, maimed, or robbed
- honest belief that the immediate use of deadly force was necessary to defend against imminent danger
- As they were known and appeared to the defender, the beliefs in (1 and 2) were reasonable
- Used no more force than reasonably necessary to defend against the imminent danger
- The defender was not the initial agressor
What is imperfect self-defense?
The need for self defense was honest but unreasonable belief that defender is in imminent danger
“Imperfect self-defense is a partial defense and is still liable. Lowers the intent to kill murder to voluntary manslaughter
What is the necessity defense?
In extreme circumstances, a defendant commits one evil in order to prevent a greater evil
What are the elements to necessity?
- defendant acted in an emergency to prevent significant imminent harm or evil to defendant or others
- There was no adequate legal alternative
- the harm caused by violating the law was less than the harm to be prevented (choice of evils)
- Defendant subjectively believed she/he was choosing the lesser evil;
- Defendants belief was reasonable under the circumstances as they appeared to defendant; and
- defendant did not contribute substantially to the emergency
What is a duress defense?
What defendant did was wrong but under the circumstances of such extreme pressure, you are not blameworthy as it doesn’t feel right to punish you (not a defense to capital crimes like murder)
What are the elements for duress?
- an immediate threat or serious bodily injury
- a well-grounded fear that the threat will be carried out
- No reasonable opportunity to escape the threatened harm
What is the insanity defense?
Society says this person did something wrong, but because the insane person’s mental illness renders the person morally blameless, it is wrong to punish this person
What is entrapment?
When an innocent person gets entrapped into committing a crime. The police conduct must be:
1. directed to a specific person to constitute entrapment
2. must pressure the suspect by overbearing conduct
What are the two approaches to determining whether entrapment occurred?
The (1) Subjective approach and (2) Objective approach
What is the subjective approach in entrapment?
It examines the defendant’s subjective predisposition to commit the crime.
1. Was the crime induced by officer of the government? (inducement occurs when the government implanted the criminal design in the defendant’s mind; by pressure, assurances nothing is wrong with the acts, persuasion, threats, coercive tactics etc)
2. Was the defendant predisposed to commit the offense? (what is the likelihood that the defendant would commit the crime without government intervention; a predisposed person is one who is presently ready and willing to commit such a crime, a prior conviction is relevant but not conclusive)
*Used by federal courts and a majority of states
