Defenses Flashcards
Any insanity defense requires that the defendant plead the following
Mental disease or defect
Define the M’Naghten Test (purely cognitive): 2 elements
- Defendant either did not know that his conduct was wrong
2. Did not understand the nature of his conduct.
What are the 2 elements of the irresistible impulse test (volitional test)
If defendant:
- It was unable to CONTROL his actions or
- Was unable to CONFORM his conduct to the law
Under the model Penal Code, the test for insanity is if the defendant lacked substantial capacity to do either of the following 2 things:
- Appreciate the CRIMINALITY of his conduct, or
2. CONFORM his conduct to the requirements of law
Under New York law, to invoke the insanity defense, the defendant must prove that he LACKED the SUBSTANTIAL CAPACITY to either (2 things)
- Understand the NATURE and CONSEQUENCES of his act, or
- Appreciate the WRONGFULNESS of his conduct
(this is more lenient than M’Naghten)
Under the Durham test, what must defendant proved to qualify as insane
That his conduct was the PRODUCT of a mental illness
Shorthand for 1. M’Naghten, 2. Irresistible impulse, 3. Durham, 4. Model Penal Code
- M’Naghten: defendant doesn’t know right from wrong
- Irresistible impulse: what it says
- Durham: but for mental illness, no act
- MPC - combination of M’Naghten and irresistible impulse
Distinguish insanity from incompetency?
You are insane at the time of the crime.
You are a competent if AT THE TIME OF TRIAL defendant cannot understand the nature of the proceedings against him OR help his lawyer prepare his defense
At common law, voluntary intoxication is a defense to what type of crime
Specific intent
Under New York law, voluntary intoxication is a defense to what types of crimes?
Crimes were intoxication negates either the INTENT or KNOWLEDGE required for the crime (it can be a defense to malice crimes in New York, but not at common law).
What age may be prosecuted for second-degree murder under NY law? At what age may be prosecuted for serious offenses against persons or property under NY law? Generally, at what age are you only subject to the jurisdiction of Family Court in NY?
- You may be prosecuted for secondary murder at age 13, 14 or 15
- You may be prosecuted serious offenses against people or properties at age 14 or 15
- Otherwise, between the ages of 7 and 16, you are exclusively in Family Court.
At common law, if the mental state for the crime is specific intent, what types of mistake of fact will be a defense?
Any mistake of fact is a defense for specific intent crimes
At common law, what type of mistake of fact will be a defense for malice or general intent crimes?
Only a reasonable mistake of fact will be a defense to malice or general intent crimes
Whatever mistake of fact will be a defense to strict liability crimes?
No mistake of fact is defense to strict liability crimes
Under New York law, a mistake of fact will be a defense if it negates the relevant mental state. For crimes of purpose, knowledge or recklessness, what type of mistake of fact will be a defense?
Any mistake of fact well negate purpose, knowledge or recklessness
Under New York law, a mistake of fact will be a defense if it negates the relevant mental state.For crimes of negligence what type of mistake of fact is a defense?
Only a reasonable mistake of fact is a defense to negligence in New York
Under common law and New York law, is mistake of law a defense?
Generally, no. Only if knowledge of the law is an element of the crime does it provide a defense.
When is consent a defense to a crime committed? 3 elements
- Consent was freely given
- Party was capable of consenting legally
- No fraud in obtaining the consent
What are the 2 elements of entrapment?
- The criminal design originated with police
2. Defendant was NOT PREDISPOSED to commit the crime prior to contact with police
May a defendant being entrapped by a private citizen?
No.
When may you use nondeadly force in self-defense? (3 elements)
- It’s reasonably necessary
- To protect a UNLAWFUL use
- Of FORCE
When man defendant use deadly force in self-defense?
When facing an IMMANENT threat of death or serious bodily harm
Under common law, the initial aggressor may use deadly force in self-defense in 2 situations?
- When he withdraws and communicates withdrawal
2. When the victim suddenly ESCALATES a nondeadly fight into a deadly fight
Under New York law, what may the initial aggressor use deadly force in self-defense?
The initial aggressor must withdraw and communicate his withdrawal 1st. Escalation by the victim does not provide a defense for use of deadly force by the initial aggressor.
Is reasonable mistake of fact a defense to the use of force (where you think you are acting in self-defense)?
Yes, reasonable mistake is a COMPLETE DEFENSE. Unreasonable mistake is no defense at common law and in New York
When may nondeadly force be used to prevent a crime?
If reasonably necessary to prevent serious breach of the peace
When may deadly force be used prevent a crime not against one’s self?
You may use deadly force in the defense of others to the same extent as you can use deadly force in defense of self.
May use deadly force to defend your property?
No, property may not be defendant with deadly force. If you are protecting your home because you are in it and under personal attack, that is fine, but you are defending yourself not your property.
Under the majority rule, may you resist arrest with nondeadly force when the arrest is unlawful?
Yes, you may resist in the majority of states if the arrest is unlawful.
In New York, may you resist arrest with nondeadly force when the arrest is unlawful?
No. In New York, you may not resist arrest unless the officer is using EXCESSIVE FORCE.
When may an officer use deadly force?
When doing so is reasonable under the circumstances. For example, you may not shoot a fleeing unarmed criminal because there is no immediate threat to the physical well-being of others or the officer.
Under New York law, may you use nondeadly force on another to defend yourself if you are the initial aggressor or if you provoked the imminent threat of force from your attacker?
No, under New York law, if you started it, you may not use self-defense even at a nondeadly level.
You may not use deadly force if you can?
If you can SAFELY RETREAT
When is necessity a defense to criminal conduct?
When the defendant REASONABLY believes that the conduct was necessary to prevent a GREATER HARM
What are the 2 limitations on necessity is a defense to crime?
- Property cannot be defended with deadly force
2. The sassy cannot be used as a defense if the defendant is AT FAULT for creating the situation
When is duress a defense to a crime?
Duress is a defense to a crime where the defendant was coerce to commit the crime because of a threat from another person of imminent death or serious bodily injury to himself or a close family member
What is the difference between New York law and common law for the duress defense?
In New York, duress is a defense to homicide. At common law, duress CANNOT be a defense homicide
