Defenses

Question 1

What are the primary defenses to crimes?

Answer 1

insanity; intoxication; self-defense; defense of others; defense of dwelling; mistake of fact; mistake of law; ignorance of law; entrapment.

Question 2

Explain the M’Naghten Rule for insanity

Answer 2

at the time of his conduct, the defendant lacked the ability to know the wrongfulness of his actions or understand the nature and quality of his actions.

Question 3

Explain the Irresistible Impulse Test for insanity

Answer 3

the defendant lacked the capacity for self-control and free choice.

Question 4

Explain the Durham Rule for insanity

Answer 4

the defendant’s conduct was a product of mental illness.

Question 5

Explain the Model Penal Code test for insanity

Answer 5

the defendant lacked the ability to conform his conduct to the requirements of the law.

Question 6

Voluntary Intoxication is a defense only to . . .

Answer 6

specific intent crimes.

Question 7

Addicts and alcoholics are considered as being . . .

Answer 7

always voluntarily intoxicated.

Question 8

Involuntary intoxication is a defense to . . .

Answer 8

all crimes.

Question 9

When may a victim use non-deadly force in self-defense?

Answer 9

where the victim reasonably believes that force is about to be used on him.

Question 10

Under the majority rule, when may a victim use deadly force in self defense?

Answer 10

under the majority rule, the victim may use deadly force in self-defense any time the victim reasonably believes that deadly force is about to be used on him.

Question 11

Under the minority rule, when may a victim use deadly force in self defense?

Answer 11

under the minority rule, a victim must attempt a retreat if it is safe to do so. However, a victim need not retreat if they are 1) in their home; 2) the victim of a rape or robbery; or 3) they are police officers.

Question 12

To get the defense of self-defense, the original aggressor must . . .

Answer 12

1) withdraw; and 2) communicate that withdrawal.

Question 13

When may a defendant raise the defense of defense of others?

Answer 13

if the defendant reasonably believes that the person assisted would have had the right to use force in his own defense.

Question 14

Duress is a defense to a criminal act if . . .

Answer 14

1) the person acts under the threat of imminent infliction of death or great bodily harm; and 2) that belief is reasonable.

Question 15

Can threats to third parties suffice for a claim of the defense of duress?

Answer 15

yes

Question 16

When can a person claim the defense of necessity?

Answer 16

if natural forces pressures the defendant to reasonably believe that his conduct was necessary to avoid a greater social harm.

Question 17

Can a person use deadly force to defend their property?

Answer 17

No

Question 18

When is mistake of fact a defense?

Answer 18

only where the mistake negates intent.

Question 19

For mistake of fact to be a viable defense to a malice or general intent crime, the mistake must be . . .

Answer 19

reasonable

Question 20

Is mistake of fact a defense to a specific intent crime?

Answer 20

yes

Question 21

Mistake of fact is never a defense to what kind of crime?

Answer 21

strict liability

Question 22

Is mistake of law or ignorance of the law ever a defense?

Answer 22

Never, regardless of the circumstances.

Question 23

Entrapment is a valid defense only if . . .

Answer 23

1) the criminal design originated with law enforcement officers; and 2) the defendant must not have been predisposed to commit the crime.