Defenses

Question 1

Insanity

Answer 1

1. 1st Requirement is that the defendant must have a mental disesase of defecet
2. Then determine whether the defect RENDERS HIM OR HER LEGALLY INSANE
   
   • M’Naghten Test–Cognitive (Majority)
   • Irresitible Impulse Test–Volitional
   • MPC Test-Cognitive or volitoinal (25%)

Question 2

M’Naghten Test (Insanity)

Answer 2

MAJORITY-PURELY COGNITIVE

Defendant must prove either that he

• did not KNOW that his conduct was wrong OR
• did not UNDERSTAND the nature of his conduct

Question 3

Irresitable Impulse Test

Answer 3

VOLITIONAL–sometimes combined w/M’Naghten

defendant must prove that he wither:

• was unable to CONTROL his actions OR
• was unable to CONFORM his conduct of the law

Question 4

MPC Test

Answer 4

COGNITIVE or VOLITIONAL–25% of the states

Defendant must establish that he lacked a SUBSTANTIAL CAPACITY to either:

• appreciate the CRIMINALITY of his conduct OR
• CONFORM his conduct to the requirements of law.

Question 5

Georgia (bases for insanity acquittal)

Answer 5

1) did not KNOW his act was wrong OR
2) operating under a DELUSIONAL COMPULSION that OVERCAME HIS WILL to resist committing the crime.

Question 6

Incompetency versus Insanity

Answer 6

• Insanity: whether the d was insance at the time of the crime–d not guilty by reason of insanity
• INCOMPETENCY: at the time of the trial d cannot either Understand the nature of the proceedings or assist his lawyer in prepartion for his defense
  
  • trial is postponeded until competency is regained

Question 7

Voluntary INtoxication (common Law)

Answer 7

Such severe prostration of the faculties that the defendant cannot form the requiresite specific intent

Can be a defense to SEPCIFIC INTENT CRIMES ONLY

not malice, general intent or strict liability

Question 8

Voluntary INtoxication (GEORGIA)

Answer 8

very limited defense. More than a temporary alteration of brain funcation so as to negate criminal intent

not available for arson b/c of knowingly

Question 9

Infancy (Common Law)

Answer 9

Rule of SEvens

• at time of crime, less than 7, no prosecution
• at time of crime, less than 14, rebuttable presumption against prosecution
• at time of crime age is 14 or older, prosecution allowed

Question 10

Infancy (Modern/GA)

Answer 10

Most abolish rule of sevens

In GA, to be found guilty of a crime, person must be at least 13 at time of the relevant conduct

Question 11

Mistake of Fact

Answer 11

• Depends upon the mental state for the crime and whether the mistake is reasonable or unreasonable
• Mental state for the crime is:
  
  • specific intent, any mistake of fact will be a defense even if unreasonable
  • malice or general intent only a reasonable mistake of fact
  • strict liability–mistake of fact never a defense

Question 12

Mistake of Law

Answer 12

Generally not a defense

EXCEPT if the statute makes KNOWLEDGE OF THE LAW an element of the crime

Question 13

Deadly v. Non-Deadly Force

Answer 13

Non-deadly: shoves/punches

Deadly: Guns & knives

Question 14

Use of Nondeadly Force

Answer 14

May use nondeadly force if it is

• Reasaonably necessary
• to protect an immediate use
• of unlawful force against himself

Question 15

Use of deadly force

Answer 15

use of deadly force in self defense if facing an IMMINENT THREAT

of death OR
serious bodily injury

Question 16

Initial Aggeressor Rule (deadly force)

Answer 16

defendant may not use deadly force if he is the initial aggressor.

Can regain right to use deadly force in self-defense if

• he withrdaws from the fight and communicates that withdrawal to the other person OR
• victim suddenly escalates a nondeadly fight into a deadly one

Question 17

Retreat Rule (self-defense)

Answer 17

Majority/Georgia: no retreat required

Minority: retreat required unles cannot retreat in complete safety or in his home

Question 18

Reasonableness and Mistake (Self-Defense)

Answer 18

• Reasonable mistake is a complete defense
• Unreasonable defense
  
  • majority–no defense
  • minority/mpc–mitigates but no exoneration
    
    • imperfect self-defense–unreasonable belief in need to use deadly force in self dfense will mitigate to voluntary manslaughter

Question 19

Use of force to prevent a crime (self-defense)

Answer 19

non-deadly: if reasonable necessary to prevent any serious breach of the peace

deadly: used to prevent a felony risking human life

Question 20

Defense of Others (self- Defense)

Answer 20

to protect others just the same as he could use it to protect himself

Question 21

Defense of Property (Self Defense)

Answer 21

Deadly force may not be used to defend property

• Dwelling: occupant may use deadly force inside her dwelling when:
  
  • intruder gained entry in a violent manner AND
  • occupant reasonably believes that the use of deadly force is necessary to prevent a personal attakc on her or someone in the dwelling
  • GA okay as long as commission of felony

Question 22

Necessity

Answer 22

Defense to criminal conduct if the defendant REASONABLY BELIVED that the conduct was necessary to PREVENT A GREATER HARM

• Limitations: unavailable if
  
  • causes death of another person to protect property OR
  • d is at fault in creating the situation that creates a choice of evils

Question 23

Duress

Answer 23

It is a defense if the defendant was coerced to commit a crime because of a threat from another person of imminent death of serious bodily injury to himself or a close family member

duress cannot be a defense to homicide

Question 24

Entrapment (narrow)