Defenses Flashcards
Defense Negating Criminal Activity
Insanity
Intoxication (voluntary v. involuntary)
Infancy
Diminished Capacity (some states)
Insanity
Elements - meet applicable insanity test (M’Naghten, irresistible impulse, Durham, or MPC)
Applicable Crimes - defense to all crimes.
Intoxication (Voluntary)
Elements - voluntary, intentional taking of a substance known to be intoxicating.
Applicable Crimes - Defense to specific intent crime if intoxication prevents formation of required intent.
Intoxication (Involuntary)
Elements - taking intoxicating substance without knowledge of its nature, under duress, or pursuant to medical advice.
Applicable Crimes - Treated as mental illness (I.e., apply appropriate insanity test); may be a defense to all crimes.
Infancy
Elements - D under age 14 at CL; under Modern statutes, D under age 13 or 14.
Applicable Crimes -
CL: Under age 7, absolute defense to all crimes; under age 14, rebuttable presumption of defense.
Modern Statutes: Defense to adult crimes but may still be delinquent.
Diminished Capacity (Some States)
Elements - As a result of mental defect short of insanity, D did not have the required mental state to commit the crime.
Applicable Crimes - Most states with this defense limit it to specific intent crimes.
M’Naghten Rule
D is entitled to acquittal if:
- a disease of the mind;
- caused a defect of reason;
- such that the D lacked the ability at the time of their actions to either “know the wrongfulness of their actions or understand the nature and quality of their actions.”
Irresistible Impulse Test
they were unable to control their actions or conform their conduct to the law
self-control test
Durham Test (New Hampshire)
D is entitled to acquittal if the crime was the product of their mental illness.
Products Test
MPC Test - Insanity
D is entitled to acquittal if they had a mental disease or defect, and, as a result, they lacked the substantial capacity to either:
- appreciate the criminality of their conduct; or
- conform their conduct to the requirements of law.
Justification Defenses
Self Defense
Defense of Others
Defense of Dwelling
Defense of Other Property
Crime Prevention
Effectuate Arrest (Police, Private Person)
Resisting Arrest
Necessity
Self Defense
Amount of Force Allowed:
- Nondeadly force - if person reasonably believes force is necessary to protect self
- Deadly Force - Only if person reasonably believes that he is threatened with death or great bodily harm.
Defense of Others
Nondeadly Force - if a person reasonably believes force is necessary to protect other person.
Deadly Force - Only if person reasonably believes that other is threatened with death or great bodily harm.
Defense of Dwelling
Nondeadly Force - if person reasonably believes force is necessary to prevent or end unlawful entry.
Deadly Force - Only if person inside reasonably believes he is threatened or to prevent felony inside.
Defense of Other Property
Non-deadly Force - If person reasonably believes force is necessary to defend property in his possession (but if request to disist would suffice, force not allowed).
Deadly Force - Never
Crime Prevention
Nondeadly Force - if person reasonably belives force is necessary to prevent felony or serious breach of peace.
Deadly - Only to extent person reasonably believes deadly force is necessary to prevent or end felony risking human life.
Effectuate Arrest - Police
Nondeadly - if officer reasonably believes force is necessary to arrest.
Deadly - Only to prevent escape of felon, and police officer reasonably believes that the suspect threatens death or great bodily harm.
Effectuate Arrest - Private Person
Nondeadly - if crime in fact committed and reasonable belief tha thtis person committed it.
Deadly - Only to prevent escape of person who actually committed felony, and person reasonably believes that the suspect threatens death or great bodily harm.
Resisting Arrest
Nondeadly - if improper arrest
Deadly - Only if improper arrest and D does not know that arrester is a police officer.
Necessity
Nondeadly - if reasonably necessary to avoid greater harm.
Deadly - Never.
Exculpatory Defenses
Justification
Duress
Mistake of Fact
Mistake of Law
Consent
Entrapment
Justification
Applicable to - crimes of force (battery, homicide, etc.)
When Available - Nondeadly force may usually be used if reasonably necessary to avoid imminent injury or to retain property; deadly force may be used only to prevent serious bodily harm.
Duress
Applicable to - all crimes except intentional homicide.
When available - D reasonably believed that another would imminently harm him or a family member if he did not commit the crime.
Mistake of Fact
Applicable To - Crimes with a mental state element (I.e., all crimes except strict liability)
When Available - For specific intent crimes, any mistake that negates intent; for other crimes, only reasonable mistakes.
Mistake of law
Applicable to - crimes with a mental state element and statutory crimes
When Available - mistake must negate awareness of some aspect of law regarding the elements of the crime required or must be due to: statute not being reasonably available, reasonable reliance on statute or judicial interpretation, or (in some states) reasonable reliance on official advice.
Consent
Applicable to - Crimes requiring lack of consent (e.g., rape) and minor assaults and batteries.
When available - applicable only if: consent is freely given, the party is capable of consenting, and no fraud was used to obtain consent.
Entrapment
Applicable to - most crimes, but not available if the police merely provide the opportunity to commit the crime.
When available - criminal design originated with the police and the defendant was not predisposed to commit the crime before contact with police.
