Defenses Flashcards
Insanity – M’Naghten Test
Disease of the mind caused a defect of reason so defendant lacked the ability at time of D’s actions to know wrongfulness or understand nature and quality of actions
Insanity – Irresistible Impulse Test
D unable to control actions or conform conduct to law
Insanity – Durham Test
Crime was the product of D’s mental disease or defect
Insanity – Model Penal Code
Combo of M’Naghten and Irresistible Impulse
Intoxication
Voluntary intoxication is a defense if it negates “specific intent”
Self Defense – Non-deadly Force
Person may use non-deadly force in self defense if she reasonably believes force is about to be used on her.
No duty to retreat
Self Defense – Deadly Force
Person may use deadly force if:
(1) person is without fault;
(2) person is confronted with unlawful force; and
(3) person reasonably believes that she is threatened with imminent death or great bodily harm
Duty to Retreat with Deadly Force
Majority Rule: No duty to retreat
Minority Rule: Duty to retreat, except: (1) when it cannot be done safely; and in one’s home
Imperfect Self-Defense Theory
If fact-finder determines absence of right to self-defense, D may be guilty of voluntary manslaughter
Necessity
Choice of Evils – harm to society exceeded by harm of criminal act
Objective Test
Not available if D is at fault for creating situation requiring choice
Duress
D performs a criminal act under a threat of death or serious bodily harm to D or another
Threat must be made by another human
Mistake of Fact
The mistake of fact must negate the state of mind.
In malice and general intent crimes, mistake of fact must be reasonable.
Specific Intent crimes, any mistake of fact works
Strict liability crimes, mistake of fact is NOT a defense
Mistake of Law
NOT a defense
Entrapment
Elements:
(1) Criminal design originated with the authorities; and
(2) D was not predisposed to commit crime.
