Defenses

Question 1

m’naughten tet

Answer 1

at the time of commission
such a defect of reasoning due to disease of the mind
-didnt understand nature and quality of his act (lemons/ wife’s throat)
-if he did, didn’t know what he was doing was wrong

Question 2

irresistable impulse test

Answer 2

mental disease kept him from controlling conduct

Question 3

durham rule

Answer 3

unlawful act was the product of mental disease or defect (but-for)

Question 4

MPC

Answer 4

-result of mental disease/ defect
-lacked substantial capacity to appreciate wrongfulness of conduct or
-conform conduct to the req of law
—-
MD

Question 5

diminished capacity

Answer 5

result of mental defect
didnt have a state of mind that’s an el of the offense
–
Not a thing in MD

Question 6

vol intox

Answer 6

defense if it negates a req MR. not recklessnes, neg, SL

Question 7

invol intox

Answer 7

is a defense under the same circ as insanity

Question 8

infancy- CL

Answer 8

under 7: total incapacity
7-14: rebuttably presumed to lack crim capacity
14+: responsible as adults

Question 9

self defense

Answer 9

reas belief
imminent danger of unlawful bod harm
amnt of force nec to prevent such harm
not the inital aggressor 
maj: no duty to retreat
--
MD
reasonable, honest belief
not the aggressor
not unreasonable force 
duty to retreat (unless in dwelling) 
-aggressor can use if he communicates withdrawal

Question 10

defense of 3p: mistaken belief that 3p was in danger…?

Answer 10

reasonable but mistaken = ok

Question 11

necessity

Answer 11

avoid imm inj resulting from natural forces
OR
where D believes a greater harm would result from compliance w the law

Question 12

duress

Answer 12

not a defense to murder
-reas believes
only way to avoid unlawful threats of great bod harm or imm death is to engage in unlawful conduct

Question 13

entrapment

Answer 13

crim act is the product of creative activity, originating w law enf officials
-D is in no way predisposed to commit the cr

Question 14

mistake of fact

Answer 14

negates MR- there would be no crime if things were as D nbelieved them to be,
gen intent: must be reasonable
spec intent: must be honest

Question 15

mistake of law

Answer 15

not a def

Question 16

consent

Answer 16

only when it negates a spec el of the offense, like rape or kidnapping