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
