defenses

Question 1

defenses

Answer 1

defenses based on capacity
protection defenses
other defenses

Question 2

defenses based on capacity

Answer 2

insanity, intoxication, infancy

Question 3

voluntary intoxication

Answer 3

self-induced intoxication.

Defense to specific intent crimes ONLY

Question 4

involuntary intoxication

Answer 4

unknowingly being intoxicated or becoming intoxicated under duress.
A form of insanity and a defense to ALL crimes.

Question 5

infancy

Answer 5

No criminal liability under 7 yo.

Rebuttable presumption of no criminal liability under 14yo.

Question 6

protection defenses

Answer 6

self-defense, defense of others, defense of dwelling

Question 7

self-defense - non-deadly force

Answer 7

A victim may use non-deadly self-defense anytime the victim reasonably believes that force is about to be used on him.

Question 8

self-defense - deadly force (majority)

Answer 8

A victim may use deadly force in self-defense anytime the victim reasonably believes that deadly force is about to be used on him.

Question 9

self-defense - deadly force (minority)

Answer 9

A victim is required to retreat if it is safe to do so.
3 exceptions to retreat:
1. No duty to retreat from your home.
2. No duty to retreat if you are the victim of rape or a robbery.
3. No duty to retreat for police officers.

Question 10

What is required to get back the defense of self-defense?

Answer 10

To get back the defense of self-defense, the original aggressor must i) withdraw and ii) communicate that withdrawal.

Question 11

When may the original aggressor use force in his own defense?

Answer 11

If the victim of the initial aggression suddenly escalates a minor fight into one involving deadly force and does so without giving the aggressor the opportunity to withdraw, the original aggressor may use force in his own defense (including deadly force if reasonable).

Question 12

defense of others

Answer 12

D can raise “defense of others” defense if he reasonably believes that the person assisted would have had the right to use force in his own defense.

Question 13

defense of others - special relationship requirement

Answer 13

There need not be a special relationship between the D and the person in whose defense he acted.

Question 14

defense of dwelling

Answer 14

Deadly force may NEVER be used solely to defend your property.

Question 15

other defenses

Answer 15

duress, necessity, mistake of fact

Question 16

duress

Answer 16

Duress is a defense to a criminal act if:
1. the person acts under the threat of imminent infliction of death or great bodily harm and
2. that belief is reasonable
Threats to harm a third person may also suffice to establish the defense of duress.

Question 17

To which crimes is duress a defense?

Answer 17

Duress is a defense to all crimes except homicide.

Question 18

necessity

Answer 18

Conduct that would otherwise be criminal is justifiable if, as a result of pressure from natural forces, D reasonably believes that his conduct was necessary to avoid a greater societal harm.

Question 19

How does necessity differ from duress?

Answer 19

Duress involves human threats.

Necessity involves pressure from natural forces.

Question 20

mistake of fact

Answer 20

Mistake of fact is a defense ONLY when the mistake negates intention.
The mistake has to be reasonable to be a defense to a malice or general intent crime.
Any mistake (no matter how ridiculous) is a defense if D is charged with a specific intent crime.
Mistake of fact is NEVER a defense to strict liability crimes.

Question 21

availability of mistake of fact defense

Answer 21

specific intent crimes: any mistake at all
general intent crimes: reasonable mistakes only
strict liability: Never a defense.