Defenses Flashcards
Self-Defense
A person may use deadly force if
(1) he is without fault (did not initiate assault or provocation)
(2) he is confronted with unlawful force; and
(3) he is threatened with imminent death or great bodily harm
Majority rule is that there is no duty to retreat.
Defense of Another
Defendant must reasonably believe the other person is legally entitled to use force and may only use reasonable force to prevent it. After discussing this, discuss the elements of self-defense.
Voluntary Intoxication
Voluntary intoxication is not a defense to murder, because murder is a general intent crime and voluntary intoxication does not obviate general intent. Voluntary intoxication would be a defense to a specific intent crime, including first degree murder.
Involuntary Intoxication
Involuntary intoxication obviates both general and specific intent, and thus is a defense to all crimes in the rare instances in which it exists. It may be treated as insanity, in which case you must discuss the four types of insanity defenses.
Insanity, M’Naghten Rule
A disease of the mind caused a defect of reason such that the defendant lacked the ability to either know the wrongfulness of his actions or understand the nature and quality of his actions.
Insanity, Irresistible Impulse
Because of mental illness, a defendant is unable to control his actions or conform to his conduct to the law
Insanity, Durham Rule
This is but for causation, if the crime was a product of the mental disease or defect, this requires an acquittal.
ALI/MPC Test
As a result of mental disease, defendant lacked substantial capacity to either appreciate the criminality of his conduct or conform his conduct to the law.
