Defenses

Question 1

Defense of persons rules (3)

Answer 1

1. Threat must have been unlawful and immediate
2. Must have believed he was in imminent peril of death or serious bodily harm, AND
3. Response was necessary to save himself (objective standard)

Question 2

Castle Doctrine

Answer 2

can shoot someone who enters property
No need to retreat
Don’t have to show threat of imminent harm if someone in home unlawfully

Absolute strict liability rule

Question 3

Abused Spouse Syndrome

Answer 3

spouse has almost complete control and submission of the other psychologically and physically.

To use as defense, must be supported by medical testimony and revealed to prosecution

**Victims will always fear that threat is imminent

Question 4

Abused spouse syndrome exception

Answer 4

If all ties have been cut from abuser (moved, re-married, etc.) you cant invoke

Question 5

Defense of Habitation

Answer 5

gives right to lethal force against intruder when such force is necessary to prevent commision of a felony in home

Question 6

3 Elements of Necessity Defense

Answer 6

1. Act must have been done to prevent a significant evil
2. No adequate alternative
3. Harm cased not disproportionate to harm avoided

*Measured OBJECTIVELY

Question 7

3 Elements of Duress defense

Answer 7

1. Immediate threat of death or serious bodily injury
2. Well-grounded fear that threat will be carried out
3. No reasonable opportunity to escape the threatened harm

Question 8

Difference between duress and necessity

Answer 8

Duress- Fear/Threat
Necessity- avoid greater evil

Duress- Human force
Necessity- External force

Question 9

Is duress ever a defense to murder?

Answer 9

Never

Duress negates requisite of mens rea. Person who murders knows and is aware of the consequences of his actions

Question 10

Insanity- burden of proof

Answer 10

shifts to Defendant when raised as affirmative defense during trial

Question 11

Reasons for incompetency to stand trial (3)

Answer 11

1. Severely mentally ill/disabled
2. Amnesia
3. Unable to communicate with attorney due to physical handicap

Question 12

Not guilty for reasons of insanity (NGRI) establishes what (2)

Answer 12

1. D committed act that constitutes criminal offense, and

2. Committed act because of mental illness

Question 13

Guilty but Mentally ill GBMI)

Answer 13

allowed if prosecutor proves all elements of crime beyond reasonable doubt, no defenses are proven, and D suffers from mental illness