Defenses

Question 1

4 tests for insanity

Answer 1

1- M’Naghten Test

2- MPC Test

3- Irresistible Impulse Test

4- Durham Rule

Question 2

Who bears the burden of establishing defenses of insanity?

Answer 2

Fed Court- D must bear the burden and must prove with clear & convincing evidence

State Court- preponderance of the evidence standard

Question 3

M’Naghten Test

Answer 3

1- at the time of the crime, he was laboring under the defect such that did not know the NATURE and QUALITY of the act

2- if he did know, he didn’t know that it was wrong

Question 4

Irresistible Impulse Test

Answer 4

D had a mental disease that kept him from controlling his conduct

Question 5

MPC Test

Answer 5

at the time of conduct:

1- D lacked substantial capacity to appreciate the criminality (wrongfulness) of his conduct

2- or to conform his conduct to the requirements of lawn

Question 6

Durham Rule

Answer 6

D’s unlawful act was the product of mental disease of defect

***“but for” the defect

Question 7

Incompetency

Answer 7

1- prevents D from being tried, convicted, or punished unless D has a reasonable and rational understanding of the proceedings

2- If D is incompetent, he cane be tried after competency is restored

3- proof in all courts is preponderance of the evidence

Question 8

Diminished Capacity

Answer 8

just short of insanity, negates the mens rea element of a crime

Question 9

When is Voluntary Intoxication a defense?

Answer 9

1- when it negates the existence of an element of the crime

2- can negate specific intent, NOT general intent

Question 10

When is Involuntary Intoxication a defense?

Answer 10

when it meets the same circumstances as insantiy

Question 11

Insanity Generally:

Answer 11

an affirmative defense that at the time of the crime, D as a result of severe mental disease or defect, was unable to appreciate the nature and quality or wrongfulness of his acts

Question 12

An aggressor can retain the right of self-defense in 2 ways

Answer 12

1- upon complete withdrawal perceived by the other party

2- escalation of force by the original victim

***some jdxns require role of retreat

Question 13

Self-Defense requires:

Answer 13

a reasonable belief of imminent danger of unlawful bodily harm

Question 14

Rule for Self Defense of a 3rd Person

Answer 14

Majority- focuses on reasonableness of the D’s belief

Minority- D steps into 3rd person’s shpes

Question 15

Rule for Necessity

Answer 15

can be used to avoid imminent injury to avoid a greater harm

Question 16

D’s honest and reasonable mistake of lethal force can be excused under what circumstance?

Answer 16

to prevent the commission of a dangerous felony

***private citizens can kill a fleeing felon

Question 17

Can Duress be a defense to murder?

Answer 17

Nope

Question 18

Entrapment

Answer 18

Criminal act is the product of creative activity originating w/ law enforcement officials and D is in no way predisposed

Question 19

When is mistake of fact a defense?

Answer 19

Where it negates the existence the existence of a mental state required to establish a material element of a crime

Question 20

What type of mistake of fact negates specific intent?

Answer 20

Any mistake, reasonable or unreasonable

Question 21

What type of mistake of fact negates general intent?

Answer 21

only a reasonable mistake of fact

Question 22

What are the exceptions to a mistake of law?

Answer 22

1- where a statute has not been made reasonably available or is later overruled or declared unconstitutional

2- where D relies in good faith upon an erroneous official statement of law in an admin order

3- where an element of a crime involves knowledge or awareness