Defenses for Crimes Based on Criminal Capacity + Principles of Excupation & Other Defenses

Question 1

4 Insanity Tests

Answer 1

1. M’Naghten Rule
2. Irresistable Impulse Test
3. Durham Rule
4. MPC

Question 2

M’Naghten Rule

Answer 2

• 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

Question 3

Irresistable Impulse Test

Answer 3

D lacked capacity for self-control and free choice

Question 4

Durham Rule

Answer 4

Ds conduct was a product of mental illness

Question 5

MPC

Answer 5

Defendent lacked the ability to conform to his conduct to the requirements of law

Question 6

Types of Intoxication

Answer 6

1. voluntary
2. involuntary

Question 7

Voluntary Intoxication

Answer 7

• self-induced intoxication
• addicts and alcoholics are always voluntarily intoxication
• Voluntary intoxication is a defense to only specific intent crimes

Question 8

Involuntary Intoxication

Answer 8

• 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

Question 9

Infancy Rules:

Answer 9

1. under age 7 = no criminal liability
2. under 14 = rebuttable presumption of no criminal liability

Question 10

Principles of Exulpation & Other Defenses

Answer 10

1. Self-Defense
2. Defense of a Dwelling
3. Duress
4. Necessity
5. Mistake of Fact
6. Consent
7. Entrapment

Question 11

Self Defense: Non-deadly force

Answer 11

can use non-deadly force for self-defense whenever the victim reasonably believes that force is about to be used on him

Question 12

Majority Rule for Deadly Force for Self-Defense

Answer 12

anytime the victim reasonably believes that deadly force is about to be used on him

Question 13

Minority Rule for Deadly Force for Self Defense

Answer 13

• 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

Question 14

3 Exceptions to the Minority Rule of the Duty to Retreat for Deadly Force in Self-Defense

Answer 14

1. no duty retreat from your home
2. no duty to retreat if you are a victim of a rape or robbery; and
3. police officers have no duty to retreat

Question 15

Original Aggressor and Self-Defense

Answer 15

To get back the defense of self-defense, the original aggressor must:

1. withdraw, and
2. 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).

Question 16

Defense of Others

Answer 16

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.

Question 17

Majority & Minority Rules for Defense of Others

Answer 17

• Majority:
  
  • there need not be a special relationship between the defendant and the person whom he defended
• Minority:
  
  • requires some sort of familial relationship

Question 18

Defense of a Dwelling

Answer 18

Deadly force can never be used in defense of property

Question 19

Duress

Answer 19

• Duress is a defense to a criminal act if:
  
  1. the person acts under imminent infliction of death or great bodily harm, and
  2. that belief is reasonable
• Threats To a 3rd person may suffice
• Duress is a defense to all crimes except homocide

Question 20

Necessity

Answer 20

The criminal conduct is justifiable if:

1. as a result from pressures of natural forces
2. the defendent reasonably believes that his conduct was necessary to avoid a greater societal harm

Question 21

Mistake of Fact

Answer 21

• 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

Question 22

Consent

Answer 22

Consent of the victim is generally no defense

Question 23

Entrapment

Answer 23

Entrapment is only a defense if:

1. the criminal design originated with law enforcement officers, and
2. the defendent must not have been predisposed to commit the crime.

Question 24

What defenses does the term reasonable belief apply to?

Answer 24

1. Self D
2. Duress
3. Necessity
4. Mistake of Fact if malice or general intent crime