Defenses

Question 1

Intoxication as a Defense to Specific Intent Crimes

Answer 1

(FIAT or MPC “purposely”)

Can use either voluntary or involuntary intoxication as a defense, if the D COULD NOT MAINTAIN THE STATE OF MIND NECESSARY FOR THE OFFENSE

Question 2

Intoxication as a Defense to General Intent Crimes

Answer 2

Can only use INVOLUNTARY intoxication as a defense

Question 3

Insanity

Answer 3

D who, because of a mental disease or defect, is unable to conform their conduct to the law

Question 4

Mistake of Fact for General Intent Crimes

Answer 4

Only REASONABLE mistakes of fact may be used as a defense

Question 5

Mistake of Fact for Specific Intent Crimes

Answer 5

ALL mistakes of fact are potential defenses, even unreasonable mistakes

Question 6

Self-Defense: Non-deadly Force

Answer 6

A victim is entitled to use non-deadly force anytime they REASONABLY FEAR IMMINENT UNLAWFUL HARM

Question 7

Self-Defense: Deadly Force

Answer 7

A victim is entitled to use deadly force only if he BELIEVES DEADLY FORCE WILL BE USED AGAINST HIM

Or under the MPC, reasonably believes that the crime will result in serious bodily injury

Question 8

Duty to Retreat

Answer 8

Majority: No

Minority: Yes

Question 9

Defense of Others

Answer 9

An individual has the same right to defend other individuals against a criminal that they have to defend themself

Question 10

Defense of Property

Answer 10

Non-deadly force only

Question 11

Duress

Answer 11

D claims they committed a crime only because they were threatened by a third party and reasonably believed that the only way to avoid death or injury to themself or others was to commit the crime

DOES NOT APPLY TO CHARGES OF SPECIFIC INTENT CRIMES

Question 12

Necessity

Answer 12

Available in response to natural forces

Ex: Breaking into neighbor’s house to get drinking water (burglary) after a hurricane when you have no other way to obtain drinking water