Defenses

Question 1

What is the justification defense?

Answer 1

That what is normally unlawful was not unlawful under the particular facts of the case

Justifications include:

1. Self-defense
2. Defense of others
3. Defense of property

And

4. Necessity
   * More Info:* Justification Defense

Question 2

What is the key question in all justification defenses?

Answer 2

Was it truly necessary for the defendant to take the law into her own hands and commit an act that is normally unlawful?

Question 3

What are the function of excuse defenses?

Answer 3

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

Question 4

List the tests for insanity.

Answer 4

1. M’Naghten Test
2. Irresistible Impulse Test
3. Model Penal Code Test

And

4. Durham/New Hampshire Rule

Question 5

What is the M’Naghten test?

Answer 5

Under this test, a defendant is relieved of criminal responsibility upon proof that, at the time of commission of the act, the defendant:

1. Suffered from a severe mental disease or defect

And

2. Was unable to know the nature and quality of his act or that what he was doing was wrong

Question 6

What is the irresistible impulse test?

Answer 6

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.

Question 7

What is the MPC test for insanity?

Answer 7

1. The defendant lacked the substantial capacity to know the nature and quality of his act or that what he was doing was wrong

Or

2. 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

Question 8

What is the Durham/New Hampshire Rule test for insanity?

Answer 8

A defendant is not criminally responsible if his acts were the product of a mental disease or defect

Question 9

When can involuntary intoxication be used as a defense?

Answer 9

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

Question 10

When can voluntary intoxication be used as a defense?

Answer 10

Intoxication can reduce a defendant’s level of culpability by negating a requisite specific intent element such as:

1. Intent to steal

Or

2. Premeditation and deliberation

Question 11

When does the duress defense excuses criminal conduct?

Answer 11

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

Question 12

What is duress not an defense to?

Answer 12

Murder; unless, raised as a defense to the underlying felony in felony murder

Question 13

What is self-defense?

Answer 13

An honest and reasonable judgment that it is necessary to use force to defend against an unlawful, imminent threat of bodily harm

Question 14

What are the elements of self-defense?

Answer 14

1. A person is subject to an unlawful threat
2. The threat is an imminent danger

And

3. The defense uses a proportional force to the danger

Question 15

When can self-defense not be claimed?

Answer 15

When the defendant is the first aggressor

Question 16

When can a first aggressor regain the right to self defense?

Answer 16

1. When th defendant has completely withdrawn and the victim attacks

Or

2. When the first victim responds with excessive force

Question 17

When does a victim have the duty to retreat from an attack?

Answer 17

Retreat is not a default rule, and it must be explicitly required by statute

Question 18

When the duty to retreat rule is in effect, when does it not apply?

Answer 18

1. When the defendant is in their own home, office, or car

Or

2. When retreat is not feasible

Question 19

When is the defense of third parties justified?

Answer 19

When it is necessary to defend a third person who is facing an unlawful imminent threat of bodily harm

Question 20

What is majority v. minority disntiction for defense of third parties?

Answer 20

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

Question 21

When is the defense of property allowed?

Answer 21

Reasonable, non-deadly force is justified in defending one’s property from theft, destruction, or trespass when:

1. The defendant has a reasonable belief that the property is in imminent danger

And

2. No more force than what is necessary is used

Question 22

What are the elements to the defense of necessity?

Answer 22

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

And

3. The defendant is not responsible for causing the harm

Question 23

What is the common law v. MPC jurisdictional split for necessity as a defense?

Answer 23

Common law: Necessity cannot be used as a defense to murder.

MPC: Necessity can be used as a defense to murder.

Question 24

When is mistake of law a valid defense?

Answer 24

When the defendant relies in good faith on an official statement of law, administrative order, or official interpretation by a public officer or department