Defenses Flashcards
List the 7 Criminal Defenses.
(1) Self Defense
(2) Imperfect Self Defense
(3) Defense of Others
(4) Duress
(5) Mistake of Fact
(6) Intoxication
(7) Insanity
What is Self Defense?
A person may use deadly force in self-defense if:
(1) he is without fault;
(2) he is confronted with unlawful force; and
(3) he is threatened with imminent death or great bodily harm.
What is Imperfect Self Defense?
A defendant who intentionally kills a victim in good faith, but under an unreasonable mistaken belief as to self-defense, defense of others, or crime prevention, can successfully seek to have the crime mitigated to voluntary manslaughter.
What is Defense of Others?
A defendant may defend others if he has a reasonable belief that the person is entitled to self-defense, but can only use deadly force if reasonable and necessary.
What is the defense of Duress?
A defendant’s criminal liability—except in the case of intentional homicide—is excused where the crime is committed under the threat of imminent death or great bodily harm.
What is the defense of Mistake of Fact?
A mistake of fact must be reasonable, and is relevant where it shows defendant lacked the state of mind required for the crime.
What is the defense of Intoxication?
Voluntary intoxication is only a defense to a specific intent crime where the intoxication prevented the defendant from forming the requisite intent (precludes deliberation for purposes of first-degree murder, and intent to attempt crime)
Involuntary intoxication is a defense to all crimes if the intoxication renders the defendant “insane”
What are the four Insanity defenses?
M’Naghten (Cognitive): Under the M’Naghten test, a defendant is insane where he had a mental disease that caused him to either (1) not know his act would be wrong, or (2) not understand the nature and quality of his actions.
Irresistible Impulse (Volitional): Under the irresistible impulse test, a defendant is insane where, due to a mental illness, he was unable to control his actions or conform his conduct to the law.
Durham (“But For”): Under the infrequently used Durham test, a defendant is insane where but for his illness the crime would not have been committed.
ALI or MPC (M’Naghten + Irresistible Impulse): Under the ALI or MPC tests, a defendant is insane where he had a mental disease or defect and, as a result, lacked the substantial capacity to either (1) appreciate the criminality of his conduct, or (2) conform his conduct to the requirements of the law.
