Defenses Flashcards
Justifications
negates social harm (right thing to do)
CL Self Defense
- non agressor
- reasonable belief force necessary against IMMINENT use of equal force
- must take retreat if possible
MPC Self Defense
Subjective -> believe force necessary
objective -> not necessary:
- MAJ -> unavailable
- MIN -> mitigate to inv. manslaghter
Reasonable Belief
reasonable person in D’s situation
Imminent Harm Requirement
- subjective belief deadly threat was imminent
- must be objectively reasonable
CL Necessity
1) necessary to prevent great (imminent) social harm from occurring
2) no lawful alternative
MPC Necessity
1) belief necessary to avoid harm
- harm avoided > caused
- no other lawful exceptions
- no legislative directive to exclude D’s act
2) not available for reckless/ negligent acts
- partial clean hands
no economic necessity
Excuses
negates blameworthiness
CL Duress
1) immediate threat of death or GBI
2) reasonable fear threat will be carried out
3) no reasonable opportunity to escape
MAJ -> require clean hands
MPC Duress
1) threat / use of unlawful force
* *no requirement for alternative**
Partial clean hands:
Recklessly put in situation -> barred for negligent and reckless crimes
Negligently put in situation -> only barred for negligent crimes
MPC Insanity
Mental disease or defect, lacks capacity to:
1) appreciate wrongfulness of conduct,
OR
2) conform conduct to law
M’Naghten Test
From disease of mind doesn’t know:
1) nature / quality of act,
OR
2) act was wrong
all or nothing test for insanity
Irresistible Impulse (volitional) test
M’Naghten Test
+
“or acted form an irresistible impulse”
CL Intoxication
-defense only for specific intent crimes
Modern Trend Intoxication
Abolish altogether or narrow its application
