Defenses; Offenses Involving Judicial Procedure

Question 1

Under the MPC test (which represents the modern trend), a defendant is entitled to acquittal if they had a mental disease or defect, and, as a result, they lack the substantial capacity to either:

Answer 1

(1) appreciate the criminality of their conduct; or
(2) conform their conduct to the requirements of law.

Question 2

Voluntary Intoxication Defense to Specific Intent Crimes

Answer 2

Evidence of “voluntary intoxication” may be offered by the defendant only if the crime requires purpose (intent) or knowledge, and the intoxication prevented the defendant from formulating the purpose of obtaining the knowledge.

Question 3

Is there liability at common law for an act committed by a child under 7?

Answer 3

No.

Question 4

Do children from ages 7-14 have a rebuttable presumption that the child was unable to understand the wrongfulness of their acts?

Answer 4

Yes.

Question 5

When are children treated as adults?

Answer 5

Children age 14 or older were treated as adults. Modern statutes often modify this and provide that no child can be convicted of a crime until a stated age is reached, usually 13 or 14.

Question 6

A person may use deadly force in self-defense if the person

Answer 6

(1) is without fault
(2) is confronted with unlawful force, and
(3) reasonably believes that they are threatened with imminent death or great bodily harm.

Question 7

Minority view requires retreat before using deadly force if the victim can safely do so, unless:

Answer 7

attack in victim’s own home

attack while victim is making a lawful arrest; or

assailant is in the process of robbing victim

Question 8

Can deadly force be used in defense of property?

Answer 8

No, reasonable nondeadly force may be used to defend property in one’s possession from what they reasonably believe is an imminent, unlawful interference.

Question 9

When is mistake or ignorance of fact relevant to criminal liability?

Answer 9

Only if it shows that the D lacked the state of mind required for the crime; thus, it is irrelevant if the crime imposes “strict” liability.

Question 10

What is perjury?

Answer 10

Perjury is the intentional taking of a false oath in regard to a material matter in a judicial proceeding.