Defenses (Module 8)

Question 1

M’Nghaten Rule (Insanity)

(Defense Negating Criminal Liability)

Answer 1

Majority

Mental defect causing D not to know right from wrong or not understand wrongful nature of their actions

Question 2

Irresistible Impulse Test (Insanity)

(Defense Negating Criminal Liability)

Answer 2

D unable to to control their actions or conform their conduct to law

Question 3

Durham (New Hampshire) Test (Insanity)

(Defense Negating Criminal Liability)

Answer 3

Crime was a product of D’s mental illness (very broad)

Question 4

MPC Test (Insanity)

(Defense Negating Criminal Liability)

Answer 4

Combo of M’Nghaten Rule and Irresistible Impulse Test

Question 5

Procedural Aspects of Insanity Defense in State and Federal Court

Answer 5

All D’s are presumed sane, and they must be the one to raise the insanity defense

Majority of States: D must prove their insanity by a preponderance of the evidence

Minority of States/MPC: Prosecution must prove D was sane beyond a rxble doubt

Federal Court: D must prove insanity by clear and convincing evidence

Question 6

Mental Condition During Criminal Trial

Answer 6

Under the DP Clause a D cannot be convicted if, because of a mental disease/defect, they cannot understand the nature of the proceedings against them or are unable to assist their lawyer in preparing their defense

Question 7

Diminished Capacity

(Defense Negating Criminal Liability)

Answer 7

Some states allow D to plead that they had a mental defect, short of insanity, that negates the intent required for the crime charged

Majority: limit to specific intent crimes
Minority: allow for specific and general intent crimes

Question 8

Voluntary Intoxication

(Defense Negating Criminal Liability)

Answer 8

Intentional taking without duress of a substance known to be intoxication

Is a defense to specific intent crimes only

If the crime requires recklessness as the intent, then if they would have been aware of the risk had they not been intoxicated satisfies the intent

If D had the intent to do the crime before getting intoxicated, then being intoxicated will not be a defense (ex. D wants to kill someone, gets drunk in order to work up the nerve to do it, it’s not a defense bc intent formed before intoxication)

Question 9

Involuntary Intoxication

(Defense Negating Criminal Liability)

Answer 9

Taking of a substance:

1) without knowledge of its nature
2) under duress, or
3) under medical advice while also being unaware of the substance’s intoxicating effect

Is a defense to ALL crimes

Question 10

Infancy

(Defense Negating Criminal Liability)

Answer 10

Common law:
>7 is a defense to all crimes
7-14 is a rebuttable presumption of a defense
14+ not a defense

Modern Trend:
>14 cannot be convicted of an adult crime by can still be delinquent in juvenile or family court

Question 11

Self-Defense

(Justification Defense)

Answer 11

Nondeadly force: person rxbly believes force is necessary to protect themselves from immediate harm

Deadly force: only if rxbly believe that are immediately threatened with death or great bodily harm

Question 12

Duty to Retreat Before Using Deadly Force

Answer 12

Majority: no duty to retreat

Minority: have a duty to retreat before using deadly force (if can do so safely); but do not have to retreat if:
- attack occurs in your own home
- attack occurs while victim is making a lawful arrest
- person is in the process of being robbed

Question 13

Right of Aggressor to Use Self-Defense

(Defense Negating Criminal Liability)

Answer 13

If you initiate the confrontation, are justified in using force if:

1) effectively withdraw from the confrontation and communicate your intent to do so; or

2) the other person escalates the minor confrontation into a deadly one and there’s no chance to withdraw

Question 13

Defense of Others

(Defense Negating Criminal Liability)

Answer 13

Can defend others if reasonably believe the person your helping would be justified in defending themselves

Minority says that need a special relationship to the person; Majority says it can be a stranger

Question 14

Defense of a Dwelling

(Defense Negating Criminal Liability)

Answer 14

Nondeadly force to protect dwelling if rxbly believe someone is trying to enter unlawfully

Deadly force if rxbly believe its necessary to prevent a violent attack or a commission of a felony within the dwelling

Question 15

Defense of Property

(Defense Negating Criminal Liability)

Answer 15

Can never use deadly force

Defending Possesion
Rxble nondeadly force can be used to defend possession, but only if words won’t suffice

Regaining Possession
Can use force to regain possession of property if rxbly believe it was wrongly taken and only if are in immediate pursuit

Question 16

Crime Prevention

(Defense Negating Criminal Liability)

Answer 16

Nondeadly force: if rxbly appears necessary to prevent a felony or a breach of the peace

Deadly force: appears rxbly necessary to prevent a dangerous felony involving risk to human life

Question 17

Use of Force to Effectuate Arrest (Officers and Private Citizens)

(Defense Negating Criminal Liability)

Answer 17

Officer
- Nondeadly: if rxbly necessary to effectuate arrest

• Deadly: only rxble if necessary to 1) prevent felon’s escape AND 2) officer rxbly believes they pose a threat of death or serious bodily harm
• if officer asks a private citizen to assist them in making the arrest, they have the same authority as the officer

Private Citizen (on their own)
- Nondeadly: a crime was in fact committed and the citizen has rxble grounds to believe that the person committed the crime

• Deadly: only fi the person was actually guilty

Question 18

Resisting Arrest

(Defense Negating Criminal Liability)

Answer 18

Nondeadly force can be used to resist an improper arrest even if it’s a cop making the arrest (majority)
- minority says can’t resist if know it’s a police officer

Deadly force can only be used if person doesn’t know it’s a police officer and the arrest is improper

Question 19

Mistake of Fact

Answer 19

Relevant if it shows that the D lacked the state of mind required for the crime

Specific Intent: mistake can be unreasonable or rxble

General Intent: mistake must be rxble

Strict liability: not a defense

Question 20

Mistake of Law (and Exceptions)

Answer 20

Generally not a defense

Exceptions
1) statute proscribing the condcut was not publisehd or made rxbly available prior to the conduct

2) there was rxble reliance on a statute/judicial decision

3) in some jx, rxble reliance on an official interpretation or advice

Question 21

Entrapment

Answer 21

Intent to commit the crime originated with law enforcement, not the D

Exists if:
1) criminal design originated with law enforcement officers
2) D was not predisposed to commit the type of crime

Question 22

Duress

Answer 22

D rxbly believed that there was imminent harm to themselves or a family member if they didn’t commit the crime

Applicable to anything but intentional homicide