Defenses

Question 1

Excuse Defenses

Answer 1

1. Duress
2. Intoxication
3. Insanity
4. Diminished Capacity

Question 2

Self- Defense

Answer 2

• Common law
  
  • justified if, at the time the actor used deadly force, the person reasonably believed¹ that such force was necessary to combat imminent², unlawful³ deadly force⁴.
  • No defense if belief is unreasonable
• Very similar to common law, but permits a partial defense if the actor’s mistake is unreasonable or negligent.

Question 3

Defense of Third Parties

Answer 3

• a person may use for against an aggressor to extent person he is aiding could use self-defense himself.
• if third party defense is wrong in beliefs that the other party needs assistance, most courts, following MPC, say reasonable belilef is sufficient (some courts disagree)

Question 4

Defense of Habitation

Answer 4

• Common law
  
  • you can never use deadly force to protect personal property
  • you can use deadly force (under certain circumstances) to protect the home.** **
• Modern jurisdictions- the home dweller must reasonably believe that the intruder intends to commit a forceable felony inside.

Question 5

Law Enforcement Defenses

Answer 5

• crime prevention- justifiable for police to use force to prevent crime
  
  • deadly force- force may never be used to prevent a misdemeanor, but at original common law, it could be used to prevent any felony
  • this has changed and today, force is only acceptable if reasonably believed to be the only way to stop a forcible felony
• Effectuate an Arrest
  
  • common law- OK to use deadly force in arrest or prevention of escape of any felon
  • SCOTUS said this was not OK in Tennesse v. Gardner
  • Now, deadly force OK only to effectuate an arrest for forcible felonies.

Question 6

Necessity (Choice of Evils)

Answer 6

• This is a residual defense only to be used when no other defense applies
• Elements-
  
  • reasonable belief of threat of imminent harm to self or others, including property
  • reasonable belief that committing harm is only way to prevent threatened harm
  • person must not be at fault for creating the emergency
  • harm causes must be the lesser evil
  • defense is not available for murder (but MPC says OK for all crimes if you meet the elements; also MPC does not require imminency)

Question 7

Justification Defenses

Answer 7

1. Self-Defense
2. Defense of Third Parties
3. Defense of Property/Habitation
4. Law Enforcement Defenses
5. Necessity (Choice of Evils)

Question 8

Duress- MPC

Answer 8

Duress is a defense(afirmative defense) if:

1. D compelled to commit offense by use or threat of use of unlawful force by coercer upon D or third party; AND
2. person of reasonable firmness in D’s situation would have been unable to resist coersion

• can be used as a defense if D reasonably but mistakenly believes a threat was issued
• can’t be used if D recklessly puts herself in that position; is available if negligently put herself in the situation
• broader defense than CL
• threat doesn’t have to be imminent or deadly

Question 9

Intoxication

Answer 9

• disturbance of mental capacitity resulting from the introduction of any substance into the body.

Voluntary intoxication is generally not a defense, but may be if it negates the specific mens rea needed for a specfic intent crime. Voluntary Intox. is never a defense to a general intent crime.

Involuntary intoxication is generaly a defense and D is entitled to acquittal to both general intent and specific intent crimes.

Question 10

Duress- Common Law

Answer 10

A person is acquitted of any offense except murder, if

1. immediate threat of death or serious bodily injury to self or close relative; AND
2. well grounded fear that threat will be carried out; AND
3. no reasonable opportunity to escape harm; AND
4. actor not at fault at exposing herself to threat

There is no duress defense at common law for intentional killing; courts are divided for duress defense for FMR if it’s a defense for the underlying felony

Question 11

Duress- General

Answer 11

• if D is acquitted by duress, the coercing party is liable for D’s conduct
• treated as an excuse defense

Question 12

Duress- In Homicide

Answer 12

• duress is not a defense to an intentional killing
• courts are divided for duress being a defense for felony murder
  
  • CL- duress is a defense for felony murder if it is a defense for the underlying felony
• duress can’t be used to lessen charge to manslaughter