Defenses Flashcards
M’Naghten Test -
What is a Disease of the Mind and when are you insane?
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.
M’Naghten Test
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
Irresistible Impulse Test
mental disease or defect
incapable of controlling conduct.
Even if he knows the conduct is wrong.
Durham (New Hampshire) Rule
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.
MPC Substantial Capacity Test (Insanity)
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*
MPC - Mental Disease or Defect
Will not include abnormalities manifested by repeated criminal or antisocial conduct
kleptomania not a mental disease under MPC
Procedural Issues RE Insanity Defense
D is presumed sane until raising evidence as to his sanity
A not guilty plea at arraignment will not preclude raising insanity defense later
Incompetence
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.
Diminished Capacity
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
Intoxication
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
Involuntary Intoxication
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.
Infancy CL Rules
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
Justification Defenses - List
Self-Defense Defense of 3rd Person Defense of Property Necessity Law Enforcement Duress Public Duty Domestic Authority
Defenses - Lack of Responsibility - List
Insanity Competency Diminished Capacity Intoxication Infancy
Self-Defense
Reasonable belief imminent danger unlawful bodily barm amount necessary to prevent harm Must be proportional
Deadly Force in Self Defense
Only where attack threatens death or serious bodily harm
Reasonable force in Self Defense
amount necessary to avoid threatened harm
Aggressor - self defense
First Aggressor Cannot claim self defense unless
- complete withdrawal perceived by other party - Common Law
- 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
Duty to Retreat
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
Defense of a 3rd Person
justified to the extent that the person is justified using force to defend himself.
Deadly force justified to defend an immediate wrongful deadly attack
Reasonable Belief in Defense of 3rd Person
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.
Defense of Property
Reasonable Non-Deadly Force is justified in
defending property from
theft, destruction, or trespass where
- Reasonable belief property is in immediate danger
- 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
Necessity
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.
Law Enforcement Defenses - Police Officer
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
Law Enforcement Defenses - Private Citzen
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:
- crime was committed and
- he reasonably believes the person committed the crime
May use deadly force:
DANGEROUS felony and
the person is ACTUALLY guilty of the crime.
Limits of Proper Mistake justification for Private Citizens
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.
Resisting Unlawful Arrest
reasonable non-deadly force to resist an unlawful arrest is justified
may resist a lawful arrest only where excessive force is used.
Duress
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.
Domestic Authority
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.
Entrapment Defense
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
Mistake of Fact Defense
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.
Mistake of Law
Ignorance of the law is no defense except:
- Statute has not been reasonably been made available
- D relied in good faith on an erroneous official statement
- Element of the crime requires knowledge of the law.
Consent Defense
Not a defense to a crime except where it negates a specific element of the crime, such as rape or kidnapping.
Condonation
Subsequent forgiveness is not a defense to the commission of a crime
Justification defenses turn on one fact
Was it necessary for defendant to an commit an unlawful act.
Excuse defenses turn on one question
Was the defendants mental processes overwhelmed so it is unfair to hold him responsible for the crime?
