Defenses Flashcards
Justification defenses establish
that what is normally unlawful was not unlawful under the particular facts of the case, and thereby nullifies the “reus” of crime. Justifications include self-defense, defense of others, defense of property, and necessity.
All justification defenses turn on one ultimate question
Was it truly necessary for the defendant to take the law into her own hands and commit an act that is normally unlawful?
Excuse Defenses ask for
“forgives” the defendant for committing an unjustified crime because of some disturbance of the defendant’s mental process, and thereby nullifies the culpability for the crime.
Insanity Tests
4
- M’Naghten Test
- Irresistible impulse test
- Model Penal Code Test
- Durham/NH Rule
M’Naghten Test
Cognitive Test
Under this test, a defendant is relieved of criminal responsibility upon proof that at the time of commission of the act:
1. suffered from a severe mental disease or defect; and,
2. as a result he was unable to know
Nature and quality of his act or what he was doing was wrong
The irresistible impulse test
Defendant will be found not guilty where, as the result of a severe mental disease or defect, he is incapable of controlling his impulse to commit a crime
Model Penal Code Test for insanity
- ∆ lacked the substantial capacity as a result he was unable to know Nature and quality of his act or what he was doing was wrong
0r
he is incapable of controlling his impulse to commit a crime
the Durham (or New Hampshire) Rule test for insanity
A defendant is not criminally responsible if his acts were the product of mental disease or defect
Involuntary intoxication as a defense
Involuntary intoxication (whether brought about by alcohol or by narcotic drugs): is a defense to any crime requiring proof of general or specific intent so long as it negates mens rea
voluntary intoxication as a defense
may reduce a defendant’s level of culpability by negating a requisite specific intent element, like intent to steal or premeditation and deliberation.
The defense of duress excuses criminal conduct where the defendant
reasonably believes that the only way to avoid unlawful threats of great bodily harm or imminent death is to engage in unlawful conduct
What is duress not an offense to?
Murder; unless, raised as a defense to the underlying felony in felony murder
Self-Defense is a
An honest and reasonable judgment that it is necessary to use force to defend against an unlawful, imminent threat of bodily harm:
Self-defense available when
3
Subject to an unlawful threat
In an imminent danger
Uses proportional force
When can self-defense not be claimed
when you are the first aggressor
When can a first aggressor regain the right to self defense
2
only when they have a complete withdrawal seen by the first victim
or
first victim responds with excessive force
When does the retreat rule
Not default, when required by statute
When retreat rule in effect, when does it not apply
- When ∆in own home, office, or car; or,
2. Retreat is not fesible
Defense of third parties is justified when
necessary to defend a third person who is facing an unlawful imminent threat of bodily harm
The majority rule for Defense of third parties? Minority?
Did the defendant make a reasonable judgment that the person protected was the victim of unlawful violence?
The defendant “steps into the shoes” of the person protected–>imputes knowledge, if first aggressor, then cannot use self defense
Defense of property allowed
Reasonable non-deadly force is justified in defending one’s property from theft, destruction, or trespass where:
(1) ∆ has a reasonable belief property is in imminent danger
(2) No > force than necessary is used
≠ deadly force
Necessity is a general defense that justifies the commission of what is normally a crime when
(3)
(1) It is necessary to avoid an immediate threat of greater harm to persons or property.
(2) There is no reasonable alternative to breaking the law to avoid the greater harm.
(3) D is not responsible for causing the harm.
Necessity as a defense
Common law v. MPC
Common law ≠ defense to murder
MPC = defense to murder
When is mistake of law a valid defense?
When ∆relies in good faith on an official statement of law in
- administrative order
- official interpretation by a public officer or department
