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Criminal Law > Defenses > Flashcards

Defenses Flashcards

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1
Q

Affirmative Defense

A
  • negates guilt even if all elements are proven beyond a rsbl doubt
  • Defense has burden of proof
  • justification or excuse
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2
Q

Justification General

A
  • actors conduct benefits society
  • focus on the actor
  • harm caused should still be avoided whenever possible
  • ex. self-defense
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3
Q

Excuse general

A
  • actors conduct need not benefit society
  • focus on actor
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4
Q

Failure of Proof

A
  • negate some of all elements of proof
  • mistake of fact, voluntary intoxication, alibi
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5
Q

Patterson v. NY

A
  • D can be req to prove affirmative defense of extreme emotional disturbance
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6
Q

Justification Defenses

A

triggering conditions permit a necessary & proportional response

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7
Q

triggering conditions

A
  • circumstances that must exist before one can justifiably act
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8
Q

Necessity Req

A

one may act only when & to the extent necessary

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9
Q

Proportional

A

limits the harm that may be caused to protect/further interest

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10
Q

Self Defense CL

A
  1. Actual or apparent threat of deadly force or serious bodily harm against offender
  2. Threat must be unlawful & immediate
  3. Defender must actually believe he is in imminent peril of death/SBH & his response is necessary to save himself
  4. Belief must be objectively rsbl
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11
Q

Aggressor Rule

A
  • The aggressor is not entitled to self-defense
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12
Q

Aggressor Definition

A
  • provokes conflict
  • free from fault
  • engaged in affirmative unlawful act rsbly calculated to produce portrayal of injury
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13
Q

MPC Force

A
  • can avoid the use of force if there’s a less violent way
    1. did D provoke?
    2. Was D entitled to use such force?
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14
Q

Regaining the Right to Self-Defense

A
  • If withdraws from conflict in good faith & informs other party by words or conduct
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15
Q

Escalation of Force

A

A attack B but B begins using lethal excessive force, A may then use deadly force
- A honestly & rsbly believes he’s in danger of death or SBH

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16
Q

Necessity of Force

A
  • force used was necessary, there was no other alternative such as safely retreating or withdrawing
  • Question: Necessary to exercise self-defense?
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17
Q

Retreat Rule CL

A

Innocent person threatened by deadly force must retreat rather than use deadly force if he knows he can safely retreat

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18
Q

No Retreat Rule

A

Non-aggressor may use deadly force to repel an unlawful deadly attack even if they knows they may safely retreat
- ex. FL stand your ground

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19
Q

Retreat Rule MPC

A

One may not use deadly force if he “knows he can avoid necessity of using such force w complete safety by retreating”

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20
Q

Castle Exception CL

A

One who, through no fault of own, is attacked in his home is under no duty to retreat even if could do so safely

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21
Q

Castle Exception MPC

A

Innocent person not obligated to retreat from dwelling or workplace

22
Q

The Proportionality Requirement

A

Deadly force may not be used to repel non-deadly attacks even if the only way to avoid injury

23
Q

Reasonable Belief Req CL

A

In order to use deadly force in self-defense, actors belief as to intent of the other to inflict injury must be objectively reasonable
- evaluated in relation to the circumstances
- objective standard

24
Q

Reasonable Belief Req MPC

A

Force is justified when the actor believes such force is necessary
- subjective standard

25
Q

2 rules for Defense of Others

A
  1. Reasonable Appearance Rule
  2. Alter Ego Rule
26
Q

Reasonable Appearance Rule

A

Intervenor can justly use deadly/non-deadly force to the extent seemingly necessary to intervenor

27
Q

Alter Ego Rule

A

intervenor can only use force if defending party would have been justified to use such force

28
Q

Necessity CL

A
  1. Actor faced w clear & imminent danger or evil
  2. Actor must rsbly expect his action will be directly effective to abate
  3. No legal alternative will be effective
  4. Legislature must not have acted to preclude by clear and deliberate choice
  5. Harm caused must be less than harm avoided (not disproportionate)
29
Q

Necessity MPC

A
  • no imminence requirement
  • subjective belief conduct is necessary
    ** harm avoided must still be greater than harm caused
30
Q

Weighing the Harm

A

Competing harm should be balanced as they reasonably appear to D at the time he acted

31
Q

Defense to Murder: Double Effect

A
  • Death is permitted but not intended
32
Q

Double Effect MPC

A

MPC allows killing of innocent to save others

33
Q

Self-Defense State v. Norman

A

Self Defense
1. Appears to D & D believes if necessary to kill the deceased in order to save herself from death or great bodily harm
- subj standard
2. D’s belief must be reasonable
- obj standard: person of ordinary firmness under the same circumstances

34
Q

Does CL require imminence?

A

Yes

35
Q

Does MPC require imminence

A

No, MPC requires “immediately necessary”
- less strict standard

36
Q

Duress CL

A
  1. Another threatened to kill or grievously injure the actor or another, near relative, unless actor completes the crime
  2. Actor rsbly believed the threat was genuine
  3. Threat was present, imminent, and impending
  4. No rsbl escape from the threat except through compliance w demands
  5. Actor not at fault in exposing himself to the threat
37
Q

Duress MPC

A

Compelled to commit the offense by use or threatened use, of unlawful force by coercer upon him or another
- person of rsbl firmness in his situation would have been unable to resist
** unavailable to one who recklessly places himself in situation where coercion is likely
** More broad that CL, no imminence req, no req as to the severity of threat, does not exclude murder

38
Q

Difference between Necessity & Duress

A

Nature of Defense
- necessity is justification –> free will properly exercised
- duress is excuse –> free will overcome by outside source

Triggering Conditions
- Necessity is caused by nature and human forces
- Duress caused by human forces only

39
Q

Intoxication CL

A
  1. Voluntariness
    - Intoxication taken w actors knowledge w/o force or fraud
  2. Intoxication
    - State of mental confusion, excluding possibility of specific intent
40
Q

What does intoxication negate CL?

A

negates specific intent & knowledge

41
Q

What does intoxication negate MPC?

A

negates purposely & knowingly
- not defense for general intent crime

42
Q

Involuntary Intoxication

A
  1. Coerced
  2. By innocent mistake
  3. Unexpected from prescribed medicine
  4. Pathological
43
Q

Involuntary Intoxication jurisdictional divide

A

most will treat involuntary intoxication as excuse defense not failure of proof

44
Q

Incompetent

A

-Lacks capacity to consult w council
- may be temporary or permanent
- trial not allowed (bc results not reliable)

45
Q

Effects of temporary incompetence

A
  • criminal procedure suspended until considered competent
    -committed until
46
Q

Effects of Permanent incompetence

A

never tried but committed

47
Q

5 tests for incompetence

A
  1. M’Naughten
  2. Irresistible Impulse
  3. Product of Durham
  4. MPC
  5. Federal Statute
48
Q

M’Naughten Rule

A

Person insane, if at time of act, he was laboring under
- DK nature & quality of the action
- DK what he was doing was wrong

49
Q

Irresistible Impulse Rule

A

Insane if
- Acted
- lost power to choose between right and wrong
- actions completely beyond control

50
Q

Product Test Rule

A

Product of mental disease/defect
1. was suffering
2. but for the mental disease

51
Q

MPC Incapacitation Rule

A

As result of mental disease lacks capacity to
1. appreciate criminality or wrongfulness of conduct or (cognitive)
2. to conform conduct to law (volitional)

52
Q

Federal Statute

A

At time of the offense by sever mental disorder or defect he was unable to appreciate
1. Nature & Quality of his conduct (cognitive)
2. Wrongfulness of his conduct

Criminal Law (7 decks)

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