Defenses Flashcards
What is Entrapment?
An affirmative defense.
The defendant must put on evidence that:
1) The criminal design began with law enforcement;
2) The defendant had no prior predisposition to commit the crime before law enforcement enticed him.
What is the duress defense?
The duress defense arises when an individual is faced with a threat of death or serious bodily injury, and chooses to commit a crime rather than suffer the threatened consequences.
What is required of the belief of the defendant for a belief of duress?
In general, the individual must have a reasonable belief that the threat is serious, and there must be no reasonable means of escape.
This test is objective. An honest but unreasonable belief does not suffice.
What is not excusable by the defense of duress?
Homicide is never excusable by duress.
What is required under the Illinois Statute to prove Coercion?
To establish that he was coerced, the defendant must prove that both of the following things are more likely true than not true. (preponderance of the evidence)
1) He reasonably feared that the person would immediately kill or serious injury him if he did not commit the offense, and
2) he had no reasonably opportunity to refuse to commit the offense and avoid threatened harm.
What is the rule for the M’Naughten Rule?
Due to a disease of the mind the defendant lacked the ability to the time of his actions:
1) (wrongness) to know the wrongfulness of his actions or
2) (Failure to understand) to understand the nature and quality of his actions.
What are the two prongs of the M’Naughten Rule?
1) To fail to understand the wrongfulness of actions is considered moral incapacity
2) To fail to understand the nature and quality of actions is considered cognitive incapacity.
What are the differences between the two prongs of the M’Naughten Rule?
Moral Incapacity: He could not have known the act was wrong.
Cognitive incapacity: The defendant does not understand what he is doing.
What is the Irrestible Impulse test of the defense of insanity?
Under an irresistible impulse test, a defendant is entitled to a not guilty verdict if he prove that he was unable to control his actions to conform his conduct to the law.
Irresistible impulse is considered volitional incapacity.
What is the MPC-ALI Standards defense of Insanity?
Due to a mental disease, the defendant lacked substantial capacity to:
Appreciate the criminality of his conduct or
Conform his conduct to the requirements of the law.
What is the Illinois Insanity Statute?
Like the MPC- ALI standard, Illinois law defines insanity as lacking capacity to appreciate the criminality of conduct due to a mental disease.
Illinois does not recognize the irresistible impulse test.
