Defenses Flashcards
Insanity
- 1st Requirement is that the defendant must have a mental disesase of defecet
- 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%)
M’Naghten Test (Insanity)
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
Irresitable Impulse Test
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
MPC Test
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.
Georgia (bases for insanity acquittal)
1) did not KNOW his act was wrong OR
2) operating under a DELUSIONAL COMPULSION that OVERCAME HIS WILL to resist committing the crime.
Incompetency versus Insanity
- 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
Voluntary INtoxication (common Law)
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
Voluntary INtoxication (GEORGIA)
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
Infancy (Common Law)
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
Infancy (Modern/GA)
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
Mistake of Fact
- 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
Mistake of Law
Generally not a defense
EXCEPT if the statute makes KNOWLEDGE OF THE LAW an element of the crime
Deadly v. Non-Deadly Force
Non-deadly: shoves/punches
Deadly: Guns & knives
Use of Nondeadly Force
May use nondeadly force if it is
- Reasaonably necessary
- to protect an immediate use
- of unlawful force against himself
Use of deadly force
use of deadly force in self defense if facing an IMMINENT THREAT
of death OR
serious bodily injury
Initial Aggeressor Rule (deadly force)
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
Retreat Rule (self-defense)
Majority/Georgia: no retreat required
Minority: retreat required unles cannot retreat in complete safety or in his home
Reasonableness and Mistake (Self-Defense)
- 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
Use of force to prevent a crime (self-defense)
non-deadly: if reasonable necessary to prevent any serious breach of the peace
deadly: used to prevent a felony risking human life
Defense of Others (self- Defense)
to protect others just the same as he could use it to protect himself
Defense of Property (Self Defense)
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
Necessity
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
Duress
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
Entrapment (narrow)
