Defenses

Question 1

Intoxication

Answer 1

Applies to SPECIFIC intent crimes
- voluntary: defense to specific intent crimes

Question 2

Insanity

Answer 2

McNaughton Test: Can’t appreciate the nature or quality of what you did. Don’t know it’s wrong.
- legally insane / mental disease

Question 3

Mistake

Answer 3

1. Specific intent: any mistake, whether reasonable or not, will be a defense
2. General intent: mistake has to be reasonable

Question 4

Legal Impossibility

Answer 4

No matter what I did, it did not amount to a crime
- will always be a defense
- legally, it’s impossible for me to be guilty
- elements were NOT MET

Question 5

Factual Impossibility

Answer 5

Facts were not what I though, but still committed crime
- never a defense
- elements WERE MET

Question 6

legal and factual impossibility testing trick

Answer 6

always go by the elements
- if met –> factual impossibility (guilty)
- if not met –> legal impossibility (not guilty)