Defenses

Question 1

what are the defenses based on criminal capacity (3)

Answer 1

1) insanity
2) voluntary intoxication
3) infancy (age)

Question 2

what are the 4 insanity defenses

Answer 2

1) M’Naghten Rule
2) irresistilbe impulse rule
3) Durham Rule:
4) MPC

Question 3

what is the M’Naghten rule for insanity

Answer 3

at the time of conduct, the D lacked the ability to KNOW WRONGFULNESS OF ACTIONS or understood the nature and quality of those actions

Question 4

what is the irresistible impulse rule for insanity

Answer 4

D lacked the CAPACITY FOR SELF-CONTROL and free choice

Question 5

what is the Durham rule for insanity

Answer 5

D’s conduct was product of MENTAL ILLNESS

Question 6

what is the MPC defense for inanity

Answer 6

D lacked to conform conduct to the requirements of law

Question 7

What are the 2 intoxication defenses

Answer 7

1) voluntary intoxication

2) involuntary intoxication

Question 8

when is voluntary intoxication a defense>

Answer 8

only to SPECIFIC INTENT crimes

Question 9

how are addicts and alcoholics treated for voluntary or involuntary intoxication defenses?

Answer 9

ALWAYS voluntary intoxicated (only defense to specific intent crimes)

Question 10

what types of crimes is a defense for involuntary defense?

Answer 10

ALL CRIMES. A form of insanity.

Question 11

what is involuntary intoxication? (2)

Answer 11

1) unknowingly being intoxicated or

2) becoming intoxicated UNDER DURESS

Question 12

what are examples of involuntary intoxication

Answer 12

1) someone slipping something into your drink w/i knowing

2) being forced to drink

Question 13

what are the infancy defenses?

Answer 13

1) under age of 7 no criminal liability

2) under age of 14 a reputable presumption of no criminal liability

Question 14

can a kid be convicted of a crime under age 7?

Answer 14

NO

Question 15

what are the other 6 defenses besides mental capacity?

Answer 15

1) self defense
2) defense of a dwelling
3) duress
4) necessity
5) mistake of fact
6) consent
7) entrapment

Question 16

for self defense when can non-deadly force be used

Answer 16

when REASONABLE BELIEVE that force is about to be used on them

Question 17

when is deadly force allowed under self defense for majority rule

Answer 17

anytime victim REASONABLY BELIEVES that deadly force is about to be used on them

Question 18

what is the minority rule for self defense when using deadly force

Answer 18

victim is REQUIRED to retreat if safe to do so.

Question 19

what are the 3 X/C for the duty to retreat before using deadly force

Answer 19

1) no duty to retreat from own home
2) no duty to retreat if you are the victim of a RAPE or ROBBERY and
3) police officers have no duty to retreat

Question 20

when can an original aggressor use self defense?

Answer 20

the original aggressor MUST
1) withdraw and
2) communicate withdraw
-

Question 21

when can an initial aggressor use deadly force in self defense

Answer 21

when the initial victim suddenly escalates a minor fight

Question 22

what is the defense of others

Answer 22

if REASONABLY BELIEVES that the person assisted would have had the right to use own force

Question 23

for the majority rule of defense of others, must there be a special relationship in order to use force for self defense of others?

Answer 23

NO. does not need to be special relationship b/w the D and the person whose defense he acted.

Question 24

what is the rule for defense of a dwelling?

Answer 24

deadly force MAY NEVER be used to solely defend property.

Question 25

what is the rule for defense of duress

Answer 25

person acts under the threat of

1) IMMINENT infliction of death or great bodily harm and
2) belief is REASONABLE

Question 26

can duress be used if there were threats against a 3rd person?

Answer 26

YES.

Question 27

what is the only crime that duress CAN NOT be used for

Answer 27

homicide

Question 28

what does defense of necessity apply to

Answer 28

property shit

Question 29

when is defense of necessity apply to? what type of conduct?

Answer 29

NATURAL forces.

ex: tornado, flood

Question 30

what is the difference b/w duress and necessity

Answer 30

duress is man made threats

Necessity is natural forces

Question 31

what does mistake of fact do

Answer 31

only defense when mistake NEGATES INTENTION

Question 32

Must the mistake of fact be reasonable to be used as a defense?

Answer 32

YES for general intent and malice

Question 33

when is the availability of the mistake of defense allowed under SPECIFIC INTENT CRIMES

Answer 33

ANY MISTAKE

- can be reasonable or UNREASONABLE

Question 34

when is the availability of the mistake of defense allowed under Malice/General Intent crimes

Answer 34

REASONABLE mistake only

- cannot be unreasonable

Question 35

when is the availability of the mistake of defense allowed under STRICT LIABILITY crimes

Answer 35

NEVER a defense

Question 36

what is the difference b/w mistake of fact and factual impossibiltiy defense?

Answer 36

mistake of fact: D never has INTENT TO COMMIT the crime

- Factual impossibility: D has intent to commit the crime but it is impossible to do so b/c of factual circumstances

Question 37

generally is consent a defense?

Answer 37

NO

Question 38

what is entrapment a valid defense?

Answer 38

ONLY if
1) criminal design originated with LAW ENFORCEMENT OFFICERS and
2) the D must NOT have been PREDISPOSED OF CRIME
(must not have done crime earlier)

Question 39

will entrapment usually be the right answer?

Answer 39

no very hard

Question 40

when to discuss entrapment on essay for defense

Answer 40

when cop is posing as a minor in a chat room, or undercover cop on drug sale

Question 41

basic rule for M’naghten

Answer 41

D does not know right from wrong or does not understand actions

Question 42

durham rule (new hampsire insanity defense)

Answer 42

but for the mental illness, D would not have done act