Defenses Flashcards
What is the justification defense?
That what is normally unlawful was not unlawful under the particular facts of the case
Justifications include:
- Self-defense
- Defense of others
- Defense of property
And
- Necessity
* More Info:* Justification Defense
What is the key question in all justification defenses?
Was it truly necessary for the defendant to take the law into her own hands and commit an act that is normally unlawful?
What are the function of excuse defenses?
The defense 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.
More Info: Excuse Defenses
List the tests for insanity.
- M’Naghten Test
- Irresistible Impulse Test
- Model Penal Code Test
And
- Durham/New Hampshire Rule
What is the M’Naghten test?
Under this test, a defendant is relieved of criminal responsibility upon proof that, at the time of commission of the act, the defendant:
- Suffered from a severe mental disease or defect
And
- Was unable to know the nature and quality of his act or that what he was doing was wrong
What is the irresistible impulse test?
A 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.
What is the MPC test for insanity?
- The defendant lacked the substantial capacity to know the nature and quality of his act or that what he was doing was wrong
Or
- The defendant is incapable of controlling his impulse to commit a crime
Success under either the M’Naghten test or irresistible impulse test will satisfy the MPC test
What is the Durham/New Hampshire Rule test for insanity?
A defendant is not criminally responsible if his acts were the product of a mental disease or defect
When can involuntary intoxication be used as a defense?
Involuntary intoxication is a defense to any crime requiring proof of general or specific intent when it negates the mens rea.
More Info: Involuntary Intoxication Defense
When can voluntary intoxication be used as a defense?
Intoxication can reduce a defendant’s level of culpability by negating a requisite specific intent element such as:
- Intent to steal
Or
- Premeditation and deliberation
When does the duress defense excuses criminal conduct?
When a person 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 defense to?
Murder; unless, raised as a defense to the underlying felony in felony murder
What is self-defense?
An honest and reasonable judgment that it is necessary to use force to defend against an unlawful, imminent threat of bodily harm
What are the elements of self-defense?
- A person is subject to an unlawful threat
- The threat is an imminent danger
And
- The defense uses a proportional force to the danger
When can self-defense not be claimed?
When the defendant is the first aggressor
When can a first aggressor regain the right to self defense?
- When th defendant has completely withdrawn and the victim attacks
Or
- When the first victim responds with excessive force
When does a victim have the duty to retreat from an attack?
Retreat is not a default rule, and it must be explicitly required by statute
When the duty to retreat rule is in effect, when does it not apply?
- When the defendant is in their own home, office, or car
Or
- When retreat is not feasible
When is the defense of third parties justified?
When it is necessary to defend a third person who is facing an unlawful imminent threat of bodily harm
What is majority v. minority disntiction for defense of third parties?
Majority: The third party must make a reasonable judgment that the person protected was the victim of unlawful violence
Minority: The third party only has the right to defend the victim if the victim had the right to self defense
When is the defense of property allowed?
Reasonable, non-deadly force is justified in defending one’s property from theft, destruction, or trespass when:
- The defendant has a reasonable belief that the property is in imminent danger
And
- No more force than what is necessary is used
What are the elements to the defense of necessity?
- It is necessary to avoid an immediate threat of greater harm to persons or property
- There is no reasonable alternative to breaking the law to avoid the greater harm
And
- The defendant is not responsible for causing the harm
What is the common law v. MPC jurisdictional split for necessity as a defense?
Common law: Necessity cannot be used as a defense to murder.
MPC: Necessity can be used as a defense to murder.
When is mistake of law a valid defense?
When the defendant relies in good faith on an official statement of law, administrative order, or official interpretation by a public officer or department
