Defenses for Crimes Based on Criminal Capacity + Principles of Excupation & Other Defenses Flashcards
4 Insanity Tests
- M’Naghten Rule
- Irresistable Impulse Test
- Durham Rule
- MPC
M’Naghten Rule
- at the time of his actions, the D lacked the ability to know the wrongfulness of his actions or understand the nature and quality of his actions
Irresistable Impulse Test
D lacked capacity for self-control and free choice
Durham Rule
Ds conduct was a product of mental illness
MPC
Defendent lacked the ability to conform to his conduct to the requirements of law
Types of Intoxication
- voluntary
- involuntary
Voluntary Intoxication
- self-induced intoxication
- addicts and alcoholics are always voluntarily intoxication
- Voluntary intoxication is a defense to only specific intent crimes
Involuntary Intoxication
- 1) unknowingly being intoxicated or 2) becoming intoxicated under duress
- involuntary intoxication is a form of insanity and thus is a defense to all crimes
Infancy Rules:
- under age 7 = no criminal liability
- under 14 = rebuttable presumption of no criminal liability
Principles of Exulpation & Other Defenses
- Self-Defense
- Defense of a Dwelling
- Duress
- Necessity
- Mistake of Fact
- Consent
- Entrapment
Self Defense: Non-deadly force
can use non-deadly force for self-defense whenever the victim reasonably believes that force is about to be used on him
Majority Rule for Deadly Force for Self-Defense
anytime the victim reasonably believes that deadly force is about to be used on him
Minority Rule for Deadly Force for Self Defense
- A victim is required to retreat if it is safe to do so -
- but only if the examiners tell you this is a retreat jurisdiction
- there are 3 exceptions to the duty to retreat
3 Exceptions to the Minority Rule of the Duty to Retreat for Deadly Force in Self-Defense
- no duty retreat from your home
- no duty to retreat if you are a victim of a rape or robbery; and
- police officers have no duty to retreat
Original Aggressor and Self-Defense
To get back the defense of self-defense, the original aggressor must:
- withdraw, and
- communicate that withdrawal
If the victim of the original aggressor suddenly escalates a minor fight into one involving deadly force and does so wothout the aggressor having an opportunity to withdraw, the original aggressor may use force in his own defense (including deadly force, if reasonable).
Defense of Others
a defendent can rais the defense of others defense if he reasonably believes that the person assisted would have had the right to use force in his own defense.
Majority & Minority Rules for Defense of Others
- Majority:
- there need not be a special relationship between the defendant and the person whom he defended
- Minority:
- requires some sort of familial relationship
Defense of a Dwelling
Deadly force can never be used in defense of property
Duress
- Duress is a defense to a criminal act if:
- the person acts under imminent infliction of death or great bodily harm, and
- that belief is reasonable
- Threats To a 3rd person may suffice
- Duress is a defense to all crimes except homocide
Necessity
The criminal conduct is justifiable if:
- as a result from pressures of natural forces
- the defendent reasonably believes that his conduct was necessary to avoid a greater societal harm
Mistake of Fact
- only a defense when it negates intention
- mistake has to be reasonable to be a defense to malice or or a general intent crime
- any mistake (no matter how goofy) is a defense to a specific intent crime
- Never a defense to strict liability crimes
Consent
Consent of the victim is generally no defense
Entrapment
Entrapment is only a defense if:
- the criminal design originated with law enforcement officers, and
- the defendent must not have been predisposed to commit the crime.
What defenses does the term reasonable belief apply to?
- Self D
- Duress
- Necessity
- Mistake of Fact if malice or general intent crime
