Defenses (Ch. 9)

Question 1

elements of self defense

Answer 1

(1) the defender honestly believed he was in imminent danger of great harm, (2) the defender honestly believed that the immediate use of deadly force was necessary to defend against the danger, (3) the defender’s beliefs in (1) and (2) were reasonable, (4) the defender used no more force than was reasonably necessary, and (5) the defender was not the initial aggresor.

Question 2

defense of property

Answer 2

a person can use non-deadly force to protect property (use of a spring gun is not allowed)

Question 3

elements of necessity

Answer 3

(1) D acted in an emergency to prevent a significant imminent harm or evil to D or others, (2) there was no adequate legal alternative, (3) the harm cause was less than the harm prevented, (4) D believed she was choosing the lesser evil, (5) D’s belief was reasonable, and (6) D didn’t contribute to the emergency.

Question 4

elements of duress

Answer 4

(1) D was threatened that if D reguesd to commit a crime, D’s life or someone else’s would be in danger, (2) D believed the threat, and (3) D’s belief was reasonable.

Question 5

four types of involuntary intoxication

Answer 5

(1) coerced intoxication, (2) innocent or mistaken intoxication, (3) unanticipated reaction to a medical drug, (4)pathological intoxication (D knew she was taking a drug, but the reaction was highly excessive).

Question 6

M’Naughten Rule

Answer 6

To establish a defense of insanity it must be clearly proven that, at the time of committing the act, the party accused was laboring under such a defect of reason as not the know the nature and quality of the act he was doing, or if he did know it, that he did not know that what he was doing was wrong.