Defenses Based on Capacity; Exculpation; Other Defenses

Question 1

Insanity (4 styles + trigger phrase)

Answer 1

M’Naughten - D lacked ability know wrongfulness of his actions OR under stand nature and quality

Irresistible Impulse - D lacked capacity for self-control and free choice

Durham - Conduct was product of mental illness

MPC - D lacked ability to conform his conduct to req. of law.

Question 2

Intoxication

Answer 2

Voluntary: self- induced; a defense ONLY to specific intent crimes. (note addicts and alcoholics are still voluntary)

Involuntary - unknowingly or under duress. Treated as a form of insanity, and is a defense to ALL crimes.

Question 3

Self- Defense

Answer 3

1. Non-deadly - used when victim reasonably believes that force is about to be used on him
2. Deadly - Maj - when victim reasonably believes that deadly force is about to be used on him

min - victim required to retreat if safe to do so. no duty tho if in your home, victim of rape or robbery, or police officer.

Question 4

Self- Defense - original agressor

Answer 4

if original aggressor, can get back defense, if withdraws and communicates withdrawal.

also, if initial aggression suddenly escalates minor fight into deadly fight, original aggressor may use force in his own defense (including deadly, if reasonable)

Question 5

Self- Defense- defense of others

Answer 5

D can use if he reasonably believes that the person assisted would have had the right to use force in his own defense.

(no special relationship needed)

Question 6

Defense of a Dwelling

Answer 6

Deadly force may NEVER be used to defend property.

Question 7

Duress

Answer 7

Duress is a defense if the person (1) acts under the threat of imminent infliction of death or great bodily harm and that (2) belief is reasonable.

Threats to harm a third person may also suffice.

Duress is a defense to all crimes EXCEPT homicide.

Question 8

Necessity

Answer 8

Coduct that would otherwise be criminal is justifiable if, as a result of pressure from “natural forces” the defendant reasonably believes that his conduct was necessary to avoid greater societal harm.

(duress = human threat; necessity = natural forces)

Question 9

Mistake of Fact

Answer 9

(DONT confuse with factual impossibility)

Mistake of fact is a defense only when mistake negates intention.

Malice or general intent crimes - mistake must be reasonable

Specific intent - ANY MISTAKE, no matter how ridiculous is a defense

SL - NEVER a defense

Question 10

Consent

Answer 10

Generally no defense. (exception, false imprisonment)

Question 11

Entrapment

Answer 11

Valid only if: (1) criminal design originated with law enforcement officers and (2) the D must NOT have been predisposed to commit the crime.
(very hard to use)