Defenses Flashcards
When can a D use the mistake of fact defense?
When a D is factually mistaken, the D may generally rely on a mistake-of-fact defense so long as the mistake is a REASONABLE one.
-> e.g. Injuring victim as person mistook the toy gun for a real gun.
An unreasonable factual mistake may serve as a defense to specific-intent crimes.
What is taken into consideration to determine reasonableness under the mistake of fact defense?
A D’s physical characteristics, experiences, and knowledge are taken into account to determine the reasonableness of the D’s mistake.
What are the eight types of specific defenses?
-> self-defense
-> defense of others
-> defense of property
-> arrest
-> duress
-> necessity
-> consent
-> entrapment
What is self-defense?
One who is not the aggressor is justified in using reasonable force against another person to prevent immediate unlawful harm to himself.
When can reasonable force be used in self-defense?
When can deadly force be used in self-defense?
When can non-deadly force be used in self-defense?
Reasonable force - May be used to prevent immediate unlawful harm.
Deadly force - May be used in self-defense only if reasonably necessary to:
-> prevent death or serious injury
OR
-> prevent the commission of a serious felony involving a risk to human life
Non-deadly force - May be used to repel non deadly force.
Do you need to retreat in order to use self-defense?
What is the minority view?
No self-defense duty to retreat before using
-> non deadly force,
-> deadly force in home,
OR
-> (majority view) deadly force elsewhere.
Minority view
-> retreat is required if it an be safely accomplished
What is imperfect self-defense?
When a killing in self-defense is not justified
-> reduces murder to voluntary manslaughter
When does the aggressor have the right to use self-defense?
An initial aggressor may gain the right to act in self-defense IF
-> the aggressor’s non deadly force was met with deadly force
OR
-> the aggressor, in good faith, withdrew from the altercation and communicated that fact to the victim
What is the defense of others defense?
The right to defend others exists under the same circumstances in which self-defense would be acceptable.
What is the defense of property defense?
Reasonable steps, including non deadly force, may be used to protect property.
What must D believe before being able to use defense of property?
D must reasonably believe that the real property is in immediate danger of unlawful trespass or that personal property is in immediate danger of being carried away.
What limitations are there on the defense of property defense?
Force cannot be unreasonably disproportionate to the perceived harm.
Can you use deadly force in defense of property?
Generally deadly force is not ok in defending property
Only ok to prevent forcible entry into a dwelling if that occupant reasonably believes that the intruder intends to commit a felony inside.
Can a person use deadly mechanical devices to protect property?
No.
What is the arrest defense?
Police can use reasonable force to make a lawful arrest.
When can you use deadly force in an arrest defense?
Police can use deadly force only if the suspect is a threat to the officer or third parties.
How does resizing unlawful arrest work?
D may use non deadly force to resist an unlawful arrest (never deadly force).
What is the duress defense?
A third party’s unlawful threat that causes D to reasonably believe that the only way to avoid death or serious bodily injury to himself or another is to violate the law, and that causes D to do so, allows D to claim the duress defense.
What crime is duress not a defense to?
Intentional murder
What is the necessity defense?
Forces of nature (not human actions) caused D to commit what would otherwise be a crime.
When is the necessity defense not available?
Not a defense if D set the natural forces in motion (e.g. set a fire) OR if there is a reasonably apparent noncriminal alternative available.
What is the consent defense?
What is required for the consent to be valid?
Not a defense unless it
-> negates a required element of the cirme
OR
-> precludes the harm sought to be avoided by the crime
Consent must be
-> voluntarily and freely given
-> involve no fraud
AND
-> be given by one who is competent to consent
What is the entrapment defense?
-> The crime is induced by a government official or agent
AND
-> D was not predisposed to commit the crime.
Can a person use the mistake of fact defense in a strict liability crime?
Mistake of fact is a defense to specific intent and general intent crimes, but it is never a defense to strict liability crimes like bigamy—i.e., the voluntary act of marrying someone while still legally married to another.
