Defenses Flashcards
What is the M’Naghten test for insanity?
(1) A disease of mind
(2) Caused a defect of reason
(3) Such that D lacked the ability EITHER to know the wrongfulness of their actions OR understand the nature/quality of their actions
What is the MPC test for insanity?
The defendant had a mental disease or defect, and as a result lacked substantial capacity EITHER to appreciate the criminality of their conduct OR conform their conduct to the requirements of the law
What is the irresistible impulse test for insanity?
The defendant lacked the ability to control their actions or conform their conduct to the law, due to mental illness.
What is the Durham/New Hampshire test for insanity?
Defendant is entitled to acquittal if the crime was the product of their mental illness/would not have occurred but for the disease.
When does a defendant have the right to defend others by use of force?
When the defendant reasonably believes that the other person has the legal right to use force in self defense, based on reasonable appearance of the right to use force
When may a person use deadly force in self defense?
When the person…
- Is not the aggressor
- Is confronted with unlawful force, AND
- Reasonably believes that they are threatened with imminent death or great bodily harm
When may a person use non deadly force in self defense?
When the person reasonably believes the use of force is necessary to protect against the threat of imminent unlawful force.
When may the aggressor use force in self defense?
When they have effectively withdrawn from the confrontation and communicated their desire to do so, or when the victim suddenly escalates the confrontation and there is no time for the aggressor to withdraw.
What is the defense of duress?
Duress may be used as a defense where the defendant reasonably believed that another person would inflict imminent death or great bodily harm on them or their family if they did not commit the crime.
What is the defense of necessity?
Defense of necessity is available where the defendant reasonably believed that the crime was necessary to prevent a greater injury to society than the injury caused by the crime.
When is non deadly force allowed to protect a dwelling?
When the defendant reasonably believes that force is necessary to prevent or terminate unlawful entry into the dwelling or attack on the dwelling.
When is deadly force allowed to protect a dwelling?
To prevent violent entry, when defendant reasonably believes that deadly force is necessary to prevent attack against themselves/someone OR an entry into the dwelling to commit a felony
When is voluntary intoxication a defense?
When the crime requires purpose or knowledge (NOT recklessness), and the intoxication prevented D from forming the required state of mind
