Defenses Flashcards
1
Q
Insanity
A
- M’Naghten Test
- Irresistable Impulse Test
- Model Penal Code Test
- Durham Test
2
Q
M’Naghten Test
A
- ▵ relieved of criminal responsibility if
- at time of conduct
- ▵ suffered from mental disease and
- ▵ unable to know the nature/quality of his act or that what he was doing was wrong
3
Q
Irresistible Impulse Test
A
- ▵ not guilty if
- at time of conduct
- as result of mental disease or defect
- ▵ lacked capacity for self-control and free choice
- therefore, was unable to conform conduct to the law
4
Q
Model Penal Code Test
A
- At time of conduct
- as a result of mental disease or defect
- ▵ lacked substantial capacity to appreciate wrongfulness of act or
- conform conduct to law
5
Q
Durham Test
A
▵ acts were product of mental disease or defect (‘but for” test)
6
Q
Involuntary Intoxication
A
(GI, SI, malice)
Taken without knowledge of the intoxicating nature or under duress
7
Q
Voluntary Intoxication
A
(SI if it prevents required intent)
Intentional taking of known intoxicating substance
8
Q
Reasonable Mistake of Fact
A
Considers ▵’s phys. char., experience, & knowledge
9
Q
Unreasonable Mistake of Fact
A
Only SI Crimes
10
Q
Self Defense Elements
A
- One who is not the aggressor
- can use reas. force
- Deadly force - only if reas. nec. to prevent death/serious bodily harm or serious felony
- against another person
- to prevent immediate unlawful harm to himself
11
Q
Self Defense - Duty to Retreat
A
- Majority - no duty b/f using non-deadly force, deadly force in home, or deadly force elsewhere
- Minority - Retreat required if can do so safely, no duty to use deadly force in home
12
Q
Defense of Others
A
right to defend others under same circ. self def. would be ok
13
Q
Defense of Property
A
- ▵ reas. believes real prop. is in immed. danger of unlawful trespass or
- personal prop. in immed. danger of being carried away
- ▵ can take reas. steps to protect property, including non-deadly force
- Can use deadly force to prevent forcible felony in dwelling
14
Q
Arrest
A
- Police can use reas. force to make arrest
* Deadly force - of suspect is threat to officer or 3d parties - Resisting Unlawful Arrest
- ▵ can use non- deadly force
- Deadly - never ok
15
Q
Duress
A
(Not defense to intentional murder)
- 3d party unlawful threat
- caused ▵ to reas. believe death/harm to himself or another could only be avoided by violating the law
16
Q
Necessity
A
- Nat’l force of nature
- caused ▵ to commit what otherwise would be a crime
- ▵ didn’t set the nat’l force in motion and
- there was no noncriminal alternative
17
Q
Consent
A
- Consent negates req. element of crime, or
- Precludes harm sought to be avoided by crime
- Voluntary
- Doesn’t involve fraud
- Person giving consent is competent to do so
18
Q
Entrapment
A
- Criminal offense planned & induced by police/gov’t agent
- ▵ was not predisposed to commit crime
