Defenses Flashcards
What is the M’Naghten Test? (purely cognitive)
- D must have a mental disease or defect AND
- D did not know that his act was wrong or did not understand the nature of his conduct
What is the MPC test for insanity? (cognitive/volitional rule)
- D must have a mental disease or defect AND
- D lacked the substantial capacity to either: (a) Appreciate the criminality of his conduct OR (b) Conform his conduct to the requirements of law
NY QUESTION
What is the test for an insanity defense in NY?
D lacked substantial capacity to know and appreciate either: (a) The nature and consequences of his conduct OR (b) That his conduct was wrong
(N.B. Must notify prosecutor of intent to use defense within 30 days of entering not guilty plea!)
When are insanity and incompetence measured?
Insanity measured at time of act
Incompetence is at time of trial
What are the elements of incompetency?
At time of trial, D cannot:
- Understand the nature of the proceedings against him, OR
- Assist his lawyer in the preparation of his defense.
(If either is established, trial is postponed until D regains competency)
When is voluntary intoxication available as a defense? (CL)
CAN be a defense to: specific intent crimes CANNOT be a defense to:
- malice crimes,
- general intent crimes, or
- strict liability crimes.
(Requires such severe “prostration of the faculties” that D can’t form the requisite specific intent (this is a very high bar))
NY QUESTION
When is voluntary intoxication available as a defense in NY?
CAN be a defense to intent crimes and knowledge crimes if intoxication prevents D from forming the required mental state
CANNOT be a defense to reckless, negligent, or strict liability crimes
What is the CL rule for infancy? (rule of 7s)
D less than 7: prosecution not allowed
D less than 14: rebuttable presumption against prosecution
D 14 or older: prosecution fully allowed
NY QUESTION
What is the NY rule for infancy?
If D under 13: can’t prosecute as adult
If D is 13: adult for 2d murder
If D is 14 or 15: adult for serious crimes against person or property
If D is 16: adult for all crimes
To what mental states is “mistake of fact” a defense to?
(If MR = Specific intent)
(If MR = general intent)
(If MR = Strict liability)
(If reasonable mistake)
(If unreasonable mistake)
If MR = specific intent: any mistake of fact is a defense
If MR = malice or general intent: only reasonable mistake is defense
If MR = strict liability: mistake of fact never a defense
Reasonable mistake of fact: defense to any crime but SL
Unreasonable mistake of fact: defense only to specific intent crimes
NY QUESTION
What is the NY rule for mistake of fact?
Defense if mistake negates the required mental state (purpose, knowledge, or recklessness → any mistake works
Negligence → only reasonable mistake works
Strict liability → mistake is never a defense, even if reasonable
What is the common law rule for mistake of law as a defense?
Generally not a defense
Only works if statute makes knowledge of the law an element
What are common examples of non-deadly force?
Shoves and punches
What are common examples of deadly force?
Guns and knives (but anything used that’s likely to produce death/serious harm will work)
What are the elements of use of non-deadly force in self-defense? (3)
- D reasonably believes such force is necessary
- To protect against immediate use of unlawful force
- Against himself
What are the elements for use of deadly force in self-defense?
- D reasonably believes he is facing imminent threat
- Of death or serious bodily harm
What are the two exceptions to the use of deadly force in self-defense?
Initial aggressor rule
Retreat rule
What is the initial aggressor rule?
Can’t use deadly force if you started the fight UNLESS:
- You withdraw from fight and communicate that withdrawal to the other person OR
- Victim suddenly escalates a nondeadly fight into a deadly one
(NOT IN NY)
NY QUESTION
What is the NY exception to the initial aggressor rule?
Must withdraw if you started the fight EVEN IF other party suddenly escalates
What is the majority retreat rule?
Retreat not required
NY QUESTION
What is the NY retreat rule?
D required to retreat before using self-defense UNLESS:
- D can’t retreat in complete safely OR
- D is in his own home
What is the NY/Majority rule regarding mistaken use of force in self-defense?
Reasonable mistake: complete defense
Unreasonable mistake: no defense at all
What is the minority/MPC rule regarding mistaken use of force in self-defense?
Reasonable mistake: complete defense
Unreasonable mistake: mitigates but does not exonerate (imperfect self-defense)
When may force be used to prevent a crime?
(If deadly) (If non-deadly)
Deadly: a felony risking human life
Non-deadly: if reasonably necessary to prevent any serious breach of the peace
What are the rules for use of force to defend others?
Just like defense of self
What is the rule for use of deadly force in defense of property?
Deadly force may not be used to defend property
BUT, you may use deadly force in dwelling if:
- Intruder gained entry in violent way AND
- Occupant reasonably believes that deadly force is necessary to prevent a personal attack on herself or someone else in the dwelling
What is the majority rule for use of force to resist arrest?
If D knows or reasonably should know that the person is a cop: If arrest is unlawful, defendant may use non-deadly force to resist
NY QUESTION
What is the NY rule for use of force to resist arrest?
In NY, force may NOT be used to resist an arrest, even an unlawful one, UNLESS the arresting officer uses excessive force
When may law enforcement use deadly force?
Only when doing so is reasonable under the circumstances
What are the elements of the Necessity defense?
Conduct that is otherwise criminal is justifiable if: (1) D reasonably believes that the conduct was necessary (2) to prevent a greater harm (not merely equal magnitude)
When is the Necessity defense unavailable?
- D causes the death of another person to protect property OR
- D is at fault in creating a situation that creates a choice of evils
What are the elements of the Duress defense? (5)
Conduct excused due to Duress IF: (1) D was coerced to commit a crime (2) because of a threat (3) from another person (4) of imminent death or serious bodily harm (5) to himself or a close family member
What is the limitation on the Duress defense?
(MBE)
(NY)
MBE: Duress is not a defense to homicide
NY: duress is an affirmative defense to ALL crimes, including homicide
What are the elements of Entrapment?
- The criminal design originated with the government
- D was not predisposed to commit the crime
NY QUESTION
What happens in NY when D pleads an Entrapment defense? (Affirmative defense)
Prosecution may introduce evidence of past criminal acts if D pleads entrapment
