defenses

Question 1

insanity

Answer 1

4 tests

1. M’Naghten rule - at the time of his conduct, D lacke dthe ability to know the wrongfulness of his actions or understand the nature and quality of his actions
2. Irresistible Impulse - D lacke dthe capacity for self control and free choice
3. Durham Rule - D’s conduct was product of mental illness
4. MPC - D lacke dthe ability to conform his conduct to the requirements of law.

Question 2

inxociation

Answer 2

voluntary intoxication - defense ONLY TO SPECIFIC INTENT CRIMES

addicts and alcoholics alwasy be voluntarily intoxiated

involuntary intxociation - (1) unkowingly being intoxicated or (2) becoming intoxicated under durress

involuntary intoxication is a defense to all crimes

Question 3

self-defense

Answer 3

non-deadly force - a V may use non-deadly self-defense any time the V reaosnably believes that force is about to be used on him

use of deadly force in self defense

Majority view - V may use deadly force in self defnse any time the V reasonably believes that deadly force is about to be used on him

minority view
A V is require dto retreat if it is safe to do so Three exceptions to duty to retreat
1. no duty to retreat in own home
2. no duty to retreat if you are the victim of a rape or robbery
3. cops have no duty to retreat

Question 4

original aggressor and self-defense

Answer 4

to get back defense of self defense original must

1. withdraw
2. communicate that withdrawal

ntoe if a V of aggression suddenly escalates a minor fight to deadly force without giving aggressor opporutnity to withdraw, the original aggressor may use deadly force

Question 5

defense of others

Answer 5

Rule - a D can raise a defens eo other defense if he reaonsbaly believes tha thte person assisted wiould have had the right to use foce in his own defense

majority rule - there need not be a special realtionship between D and the person in whose defense he acted

Question 6

Duress

Answer 6

rule - duress is a defernse if

1 the person acts under the threat of imminent infliction of death or great bodily harm and

2. that belief is reasonable

can also use tthreats to third paerson

duress is defense to allc rimes except homicide

Question 7

necessity

Answer 7

rule - conduct that would otherwise be criminal is justifieable if, as a result of the pressure from natural forces, teh D reaonsably believes that his conduct was necessary to avoid greater social harm

necessity - nature

duress- human

Question 8

defense of dwelling

Answer 8

Rule - deadly force may never be used soley to defend property

Question 9

mistake of fact

Answer 9

rule - mistake of fact is a defnse only when the mistake negates intention

the mistake hs to be reaosnbale to be a defnse to MALICE OR GENERAL INTENT CRIMES

ANY MISTAKE IS A DEFENSE TO SPECIFIC INTNET CRIMES

mistkae of fact is never a defnse to strict liability crime

Question 10

mistake / ignorance of the law

Answer 10

rule - not a defense to a crime that the defendant was unaware that her acts were probhiied by law or that she mistakenly believe her acts where not prohibited

TRUE EVEN IF REASONABLE

Question 11

entrapment

Answer 11

valid defnse only if

1. criminal design originated with law enfocement officers
2. defense must not hvae been predisposed to commit the crime