Defenses

Question 1

Insanity

Answer 1

1. M’Naghten Test
2. Irresistable Impulse Test
3. Model Penal Code Test
4. Durham Test

Question 2

M’Naghten Test

Answer 2

1. ▵ relieved of criminal responsibility if
2. at time of conduct
3. ▵ suffered from mental disease and
4. ▵ unable to know the nature/quality of his act or that what he was doing was wrong

Question 3

Irresistible Impulse Test

Answer 3

1. ▵ not guilty if
2. at time of conduct
3. as result of mental disease or defect
4. ▵ lacked capacity for self-control and free choice
5. therefore, was unable to conform conduct to the law

Question 4

Model Penal Code Test

Answer 4

1. At time of conduct
2. as a result of mental disease or defect
3. ▵ lacked substantial capacity to appreciate wrongfulness of act or
4. conform conduct to law

Question 5

Durham Test

Answer 5

▵ acts were product of mental disease or defect (‘but for” test)

Question 6

Involuntary Intoxication

Answer 6

(GI, SI, malice)

Taken without knowledge of the intoxicating nature or under duress

Question 7

Voluntary Intoxication

Answer 7

(SI if it prevents required intent)

Intentional taking of known intoxicating substance

Question 8

Reasonable Mistake of Fact

Answer 8

Considers ▵’s phys. char., experience, & knowledge

Question 9

Unreasonable Mistake of Fact

Answer 9

Only SI Crimes

Question 10

Self Defense Elements

Answer 10

1. One who is not the aggressor
2. can use reas. force

• Deadly force - only if reas. nec. to prevent death/serious bodily harm or serious felony

1. against another person
2. to prevent immediate unlawful harm to himself

Question 11

Self Defense - Duty to Retreat

Answer 11

1. Majority - no duty b/f using non-deadly force, deadly force in home, or deadly force elsewhere
2. Minority - Retreat required if can do so safely, no duty to use deadly force in home

Question 12

Defense of Others

Answer 12

right to defend others under same circ. self def. would be ok

Question 13

Defense of Property

Answer 13

1. ▵ reas. believes real prop. is in immed. danger of unlawful trespass or
2. personal prop. in immed. danger of being carried away
3. ▵ can take reas. steps to protect property, including non-deadly force
4. Can use deadly force to prevent forcible felony in dwelling

Question 14

Arrest

Answer 14

1. Police can use reas. force to make arrest
   * Deadly force - of suspect is threat to officer or 3d parties
2. Resisting Unlawful Arrest

• ▵ can use non- deadly force
• Deadly - never ok

Question 15

Duress

Answer 15

(Not defense to intentional murder)

1. 3d party unlawful threat
2. caused ▵ to reas. believe death/harm to himself or another could only be avoided by violating the law

Question 16

Necessity

Answer 16

1. Nat’l force of nature
2. caused ▵ to commit what otherwise would be a crime
3. ▵ didn’t set the nat’l force in motion and
4. there was no noncriminal alternative

Question 17

Consent

Answer 17

1. Consent negates req. element of crime, or
2. Precludes harm sought to be avoided by crime
3. Voluntary
4. Doesn’t involve fraud
5. Person giving consent is competent to do so

Question 18

Entrapment

Answer 18

1. Criminal offense planned & induced by police/gov’t agent
2. ▵ was not predisposed to commit crime