Defenses

Question 0

M’Naghten Test -

What is a Disease of the Mind and when are you insane?

Answer 0

Focus reasoning ability

includes mental abnormalities
not psychopathic personality.

not insane if he knows act is illegal
even if he does not know it is wrong.

Question 1

M’Naghten Test

Answer 1

Focus on reasoning abilities

As a result of a mental disease or defect
at the time of the act

Result of a mental disease or defect he is unable to know either:

a. the nature and quality of the act
OR
b. what he was doing was wrong.

Delusional self-defense

Question 2

Irresistible Impulse Test

Answer 2

mental disease or defect
incapable of controlling conduct.
Even if he knows the conduct is wrong.

Question 3

Durham (New Hampshire) Rule

Answer 3

the unlawful act was the product of a mental disease or defect.

D is not liable.

Would not have been committed but for the defect or disease.

Question 4

MPC Substantial Capacity Test (Insanity)

Answer 4

mental disease or defect

lacked substantial capacity
to appreciate the criminality of conduct
or conform conduct to the requirements of the law.

• does not require total loss of cognitive ability or volition*
• If you lack reasoning ability or volitional control, you are insane*
• Combines M’Naughten and Irresistible Impulse test*

Question 5

MPC - Mental Disease or Defect

Answer 5

Will not include abnormalities manifested by repeated criminal or antisocial conduct

kleptomania not a mental disease under MPC

Question 6

Procedural Issues RE Insanity Defense

Answer 6

D is presumed sane until raising evidence as to his sanity

A not guilty plea at arraignment will not preclude raising insanity defense later

Question 7

Incompetence

Answer 7

lack of sufficient present ability to consult counsel
have a reasonable, rational understanding of the proceedings.

may not be tried or punished.

Can when competence is restored.

Question 8

Diminished Capacity

Answer 8

Defense short of insanity
resulting from a mental defect
lacks state of mind that is an element of the offense.

negates a specific mental state required for the crime

Question 9

Intoxication

Answer 9

Voluntary or involuntary intoxication may negate an element of the crime.
Involuntary intoxication is erases guilt - total defense
Voluntary is a defense to specific intent crimes.

NO defense for Strict Liability or General Intent Crimes where the standard is recklessness or negligence

Question 10

Involuntary Intoxication

Answer 10

Is a defense even where it does not negate an element of the crime under the same circumstances as insanity.

excessive use of drugs or alcohol result in insanity,
the rules concerning insanity govern.

Question 11

Infancy CL Rules

Answer 11

CL Rule -
Complete defense for Children under 7
7 and 13 Rebuttably presumed to lack criminal capacity
14+ children held responsible as adults

Many states establish minimum age required for criminal conviction and abolish CL matrix

Question 12

Justification Defenses - List

Answer 12

Self-Defense
Defense of 3rd Person
Defense of Property
Necessity
Law Enforcement
Duress
Public Duty
Domestic Authority

Question 13

Defenses - Lack of Responsibility - List

Answer 13

Insanity
Competency
Diminished Capacity
Intoxication
Infancy

Question 14

Self-Defense

Answer 14

Reasonable belief
imminent danger
unlawful bodily barm
amount necessary to prevent harm
Must be proportional

Question 15

Deadly Force in Self Defense

Answer 15

Only where attack threatens death or serious bodily harm

Question 16

Reasonable force in Self Defense

Answer 16

amount necessary to avoid threatened harm

Question 17

Aggressor - self defense

Answer 17

First Aggressor Cannot claim self defense unless

1. complete withdrawal perceived by other party - Common Law
2. escalation of force by the victim of the initial aggression - modern law

There is in general no duty to retreat in the face of a deadly attack

Question 18

Duty to Retreat

Answer 18

Common Law required duty to retreat in the face of deadly force.

Only if it can be done safely
No duty if in own home, auto, or workplace
unless D is the aggressor

Question 19

Defense of a 3rd Person

Answer 19

justified to the extent that the person is justified using force to defend himself.

Deadly force justified to defend an immediate wrongful deadly attack

Question 20

Reasonable Belief in Defense of 3rd Person

Answer 20

Majority Rule - reasonableness of the belief of D.

Reasonable Mistake is defense

Minority Rule(CL) Steps in the shoes of the 3rd party. No more right to self defense than 3rd party.

Question 21

Defense of Property

Answer 21

Reasonable Non-Deadly Force is justified in
defending property from
theft, destruction, or trespass where

1. Reasonable belief property is in immediate danger
2. no greater force than necessary is used.

Deadly force is never used to merely defend property
Unless entry is going to be made to commit a felony therein

Question 22

Necessity

Answer 22

Reasonable force is justified to avoid
imminent injury resulting from natural forces (non human) or

reasonable belief criminal conduct is necessary to avoid greater harm.

Question 23

Law Enforcement Defenses - Police Officer

Answer 23

justifies non-deadly force reasonably believed necessary to effect a lawful arrest or prevent an escape

Deadly force:
prevent the commission of a dangerous felony
or effectuate arrest of a person reasonably believed
to have committed a felony and
it appears reasonably necessary to the officer

Question 24

Law Enforcement Defenses - Private Citzen

Answer 24

Justifies use of non-deadly force to prevent a
felony or a misdemeanor amounting to a breach of the peace

non deadly force arrest IF:

1. crime was committed and
2. he reasonably believes the person committed the crime

May use deadly force:
DANGEROUS felony and
the person is ACTUALLY guilty of the crime.

Question 25

Limits of Proper Mistake justification for Private Citizens

Answer 25

citizen use of lethal force is justified if
good faith and reasonable belief it was
necessary in self defense
or prevention of a dangerous felony.

Mistaken use of deadly force against a fleeing felon is not justified.

Question 26

Resisting Unlawful Arrest

Answer 26

reasonable non-deadly force to resist an unlawful arrest is justified

may resist a lawful arrest only where excessive force is used.

Question 27

Duress

Answer 27

reasonably belief the only way to avoid unlawful threats of great bodily harm or imminent death is to engage in unlawful conduct.

Not a defense to murder.

Question 28

Domestic Authority

Answer 28

Parent may use reasonable force to promote the child’s welfare.

Reasonableness depends on age, sex, health, and particular misconduct.

Also available for ships captain for crew and warden for prisoners.

Question 29

Entrapment Defense

Answer 29

product of creative activity
originating with law enforcement officials
where D is not predisposed to commit the crime.

Providing opportunity or equipment for the commission of a crime is not entrapment.

D’s past criminal record is relevant in proving a predisposition

Question 30

Mistake of Fact Defense

Answer 30

defense if it negates a mental state required to establish an element of the crime.

General Intent Crime -
honest and reasonable mistake is required.

Specific Intent Crime -
Honest and Unreasonable mistake is sufficient.

Strict Liability - No defense of mistake.

Question 31

Mistake of Law

Answer 31

Ignorance of the law is no defense except:

1. Statute has not been reasonably been made available
2. D relied in good faith on an erroneous official statement
3. Element of the crime requires knowledge of the law.

Question 32

Consent Defense

Answer 32

Not a defense to a crime except where it negates a specific element of the crime, such as rape or kidnapping.

Question 33

Condonation

Answer 33

Subsequent forgiveness is not a defense to the commission of a crime

Question 34

Justification defenses turn on one fact

Answer 34

Was it necessary for defendant to an commit an unlawful act.

Question 35

Excuse defenses turn on one question

Answer 35

Was the defendants mental processes overwhelmed so it is unfair to hold him responsible for the crime?