Defenses (Module 8) Flashcards
M’Nghaten Rule (Insanity)
(Defense Negating Criminal Liability)
Majority
Mental defect causing D not to know right from wrong or not understand wrongful nature of their actions
Irresistible Impulse Test (Insanity)
(Defense Negating Criminal Liability)
D unable to to control their actions or conform their conduct to law
Durham (New Hampshire) Test (Insanity)
(Defense Negating Criminal Liability)
Crime was a product of D’s mental illness (very broad)
MPC Test (Insanity)
(Defense Negating Criminal Liability)
Combo of M’Nghaten Rule and Irresistible Impulse Test
Procedural Aspects of Insanity Defense in State and Federal Court
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
Mental Condition During Criminal Trial
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
Diminished Capacity
(Defense Negating Criminal Liability)
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
Voluntary Intoxication
(Defense Negating Criminal Liability)
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)
Involuntary Intoxication
(Defense Negating Criminal Liability)
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
Infancy
(Defense Negating Criminal Liability)
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
Self-Defense
(Justification Defense)
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
Duty to Retreat Before Using Deadly Force
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
Right of Aggressor to Use Self-Defense
(Defense Negating Criminal Liability)
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
Defense of Others
(Defense Negating Criminal Liability)
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
Defense of a Dwelling
(Defense Negating Criminal Liability)
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
Defense of Property
(Defense Negating Criminal Liability)
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
Crime Prevention
(Defense Negating Criminal Liability)
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
Use of Force to Effectuate Arrest (Officers and Private Citizens)
(Defense Negating Criminal Liability)
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
Resisting Arrest
(Defense Negating Criminal Liability)
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
Mistake of Fact
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
Mistake of Law (and Exceptions)
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
Entrapment
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
Duress
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
