Defenses Flashcards
1
Q
Intoxication
Involuntary
A
- Full defense
- Types
- Threat
- Tricked
- Pathological: a drug/thing that normally does one thing, does another
2
Q
Intoxication
Voluntary
A
- General Rule: Partial/No Defense
- Mitigate from Specific Intent->General Intent [M1=>M2]
3
Q
Defense of Property
A
- No deadly force to defend property
4
Q
Mistake of Fact
A
- Honest Good Faith Mistake
- General Rule: If law requires a material element for the crime, and the D doesn’t meet the material element, no crime [Full defense]/“If you need to know, and you don’t know, you’re not guilty”
- Jewell Doctrine/Ostrich: You can’t avoid forming Mens Rea by “burying your head in the sand”
- Moral Wrong=Material Fact
- Legislative History
- EX: taking someone else’s backpack, thinking it is yours , but turns out to be someone elses (statute says knowingly take belonging of another)
*NO DEFENSE FOR STRICT LIABILITY CRIMES
5
Q
Diminished Capacity
CL Rules
A
Lesser form of Insanity (partial defense)
- Clark J’s: No defense
- Brawner J’s:
- Spec intent->Gen intent [M1=>M2]
*Twinkie defense: sugar high, couldn’t form the mens rea necessary
6
Q
Insanity
MPC Rules
A
DA LAC {subjective standard=what D was able to know/understand etc/emotional considerations}
- Disease/Defect of mind
- At time of crime
- Lacks substantial capacity to:
- Appreciate wrongfulness of acts, and unable to
- Conform conduct to the law
7
Q
Mistake of Law
A
- Honest Good Faith Mistake regarding the law
- Lacks Mens Rea for the legal requirements of the crime
- “unauthorized manner”
- “without authority of law”
- Estoppel/Mistated Statute
- Official Misstatement
- Judicial Decision
- No Notice/Lambert
- passive conduct/failed to act
- regulatory offense
- Lacks Mens Rea for the legal requirements of the crime
8
Q
Competency
CL+MPC
A
- Unable to communicate with Attorney
- Unable to understand proceedings
9
Q
Self Defense
CL Rules
A
PHIND
- Proportional Force
- Honest and reasonable fear
- Reasonable Fear=
- Prior Experience
- Physical Movements and comments of Assailant
- Physical Attributes
- Imperfect S-D/Partial Mitigation: Honest but unreasonable fear
- Reasonable Fear=
- Imminent (actually/reasonable person)
- Not initial agressor
- Duty to retreat
- Castle doctrine: unless at home
- **Stand your ground laws (FL etc)
10
Q
Necessity/Choice of Evils
CL + MPC
A
CALI
- Choice of evils
- Alternative (lawful)
- Lesser Harm (chosen) [CL=RP/MPC=Subj]
- Imminent [CL=Actual/MPC=factor]
*D did not create the necessity
*CL=No homicide; MPC=yes homicide
11
Q
Diminished Capacity
MPC Rules
A
- Specific Intent->General Intent [M1=>M2]
- General Intent->No Crime
- [if no lesser crimes] Specific Intent->No crime
12
Q
Defense of Others
A
- Stand in their shoes (D has same defenses as person defending would have)
- Stand in own shoes (reasonableness)
13
Q
Self Defense
MPC Rules
A
RHIND
- Reasonable Force
- Honest fear
- Imminent (subj)
- Not initial aggressor
- Duty to retreat
- Unless at home/work
14
Q
Duress
MPC Rules
A
UR-Air
- Threat:
- Unlawful Force
- can’t Recklessly put self into situation
- Anyone D has relationship with (factor)
- Imminent (factor)
- Reasonable firmness (person) would view as threat
15
Q
Duress
CL Rules
A
DISCO
- Threat:
- D or Close Family
- Imminent (actual)
- SBH or death
- Can’t put self into situation
- Orindary person would see a threat
*Not for homidice defense
