Defenses

Question 1

Insanity: 4 tests

Answer 1

M’Naghten: disease of the mind caused a defect such that the D lacked the ability to know the wrongfulness or understand the nature & quality of their actions

Irresistible Impulse Test: D unable to control their actions or conform their conduct to the law

Durham Test (New Hampshire): crime was the product of their mental illness

Model Penal Code Test: D lacked the substantial capacity to either appreciate the criminality of their conduct or conform their conduct to the requirements of law

Question 2

Intoxication

Answer 2

Voluntary Intoxication: if the result of the intentional taking without duress of a substance known to be intoxicating; defense to specific intent crimes

Involuntary Intoxication: taking intoxicating substance without knowledge, under duress, or pursuant to medical advice

Question 3

Infancy

Answer 3

At common law:

Under 7 = no liability

7-14 = rebuttable presumption unable to understand

14+ = can be tried

Question 4

Self-Defense

Answer 4

Nondeadly Force: a person without fault may use such force as the person reasonably believes is necessary to protect themself; no duty to retreat

Deadly Force: May use deadly force if (1) without fault, (2) is confronted with “unlawful force”, and (3) reasonably believes that they are threatened with imminent death or bodily harm

Minority view: Deadly force requires retreat unless victim’s own home, attack occurs when victim is making a lawful arrest, or the assailment is in the process of robbing the victim

Question 5

Defense of Others

Answer 5

D must reasonably believe that the person assisted has the legal right to use force; need reasonable appearance of right to use force

Question 6

Defense of a Dwelling

Answer 6

May use nondeadly force if defense of dwelling; deadly force may be used only to prevent violent entry/when person reasonably believes force is necessary

Question 7

Defense of Other Property

Answer 7

Deadly force may never be used, only nondeadly

Question 8

Duress

Answer 8

It is a defense to a crime other than intentional homicide that the defendant reasonably believed that another person would imminently inflict death or great bodily harm on them or a member of their family if not for committing the crime

Question 9

Necessity

Answer 9

Reasonably believed commission of the crime was necessary to avoid an imminent and greater injury to society than that involved the crime; objective test!

Limitations: death and fault

Question 10

Mistake or Ignorance of Fact

Answer 10

Relevant to criminal liability only if it shows that the D lacked the state of mind required for the crime

Question 11

Mistake or Ignorance of Law

Answer 11

Generally not a defense with exception

Question 12

Entrapment

Answer 12

The intent to commit the crime originated not with the D but with law enforcement officers