Defenses Flashcards
Categories of defenses and BOP
Justification–focus on the act–objective standard
prosecution to disprove
Excuse–focus on the actor–subjective
Defendant to prove
Necessity CL
Threat
Imminent injury to the person or property
no reasonable alternative
D’s acts must prevent equal/more serious harm
D didn’t create conditions of own dilemma (clean hands)
Limitations to Necessity defense:
No necessity to murder
Civil disobedience not a necessity
Economic need
Duress
Well-founded fear, generated by;
a threat from a human being of;
imminent;
SBH or death;
to D himself (or sometimes a near-relative)(MPC does not define who);
D had no reasonable escape but compliance; and,
to which the D did not expose himself
Person of “Reasonable firmness” standard
M’Naghten test
At the time of the act;
D suffered from a severe mental disease or defect; and
as a result D was unable to know:
The nature and quality of their act; or
What he was doing was wrong
Irresistible Impulse test
As a result of severe mental disease or defect;
D is unable to control the impulse to commit the unlawful act
D thus commits the unlawful act as a results
MPC Insanity Test
As a result of mental disease or defect;
D lacks capacity either to;
appreciate the criminality wrongfulness of his conduct, OR
conform his conduct to the requirements of law.
Excludes psychopathic and sociopathic disorders
Durham Rule
D must have mental disease or defect
The criminal conduct is “caused” by the mental disease or defect.
Self Defense
Defendant is not the aggressor
Except: D was non deadly aggressor and other party responded with an unexpected use of deadly force; or
D withdrew after their initial aggression and other party continued to attack
faced with a threat of imminent unlawful force
use of force is proportional to perceived imminent harm
Deadly force allowed where necessary to prevent immediate SBI or death
D’s belief that the unlawful force was imminent is reasonable
Defense of Property
Non deadly force may be used when it is reasonably necessary to:
prevent imminent dispossession or destruction of property in D’s possession
regain possession of the property immediately after dispossession
