DEFENSES + SELF DEFENSE Flashcards
5 Categories of Defenses
Procedural Failure of Proof Offense Modification Justification Excuse
Procedural Defenses
Some claims raised that D shouldn't be convicted b.c. of public policy reasons: 1) Statutes of limitations 2) Competence to stand trial 3) Diplomatic, Executive, Judicial and Legislative Immunities
Failure of Proof
D challenging P’s ability to prove essential element of offense beyond reasonable doubt. Ex. Negation of AR through an alibi OR Negation of MR through mental illness, or mistake of fact or law
Offense Modification defenses
Some defenses apply specifically to one crime
(or a small set of crimes). Ex. Marital immunity for rape, abandonment for group criminality.
Justification defenses
- the conduct, although meeting the elements of the crime, is deemed socially acceptable and not deserving of criminal liability.
- did not cause a social harm.
Ex: necessity, self-defense
Common Structure of Justification Defenses
(1) Reasonable belief (subjective and objective) (2) Triggering condition (3) Necessity of response (4) Proportionality of response
Excuse defenses
- not morally culpable even though she engaged in wrongful conduct that met the elements of the crime.
- her mental functioning was affected in a manner that makes her not blameworthy
Ex: duress, insanity, intoxication
If A’s conduct was due to a delusion caused by mental illness, can she bring up both insanity defense AND failure of proof of MR for a specific intent crime?
Yes. If her conduct was due to a delusion
caused by mental illness, then she might be able
to not only assert the insanity defense, but she
might also be able claim that she lacked the mens
rea for a specific intent crime.
If someone spiked the A’s drink and caused her to hit someone in a drunken stupor, can she assert both an intoxication defense AND failure of proof for lacking AR b.c. it was involuntary conduct?
Yes, if someone spiked the defendant’s drink
and caused her to hit someone in a drunken
stupor, she might be able to not only assert the
intoxication defense, she might also be able to
claim that she lacked the actus reus for the crime
in that her conduct was involuntary.
Do mistake of fact and mistake of law defenses challenge Mens Rea for crimes?
Yes.
Under CL - Is Mistake of Fact a defense for Specific Intent Crimes? HOW?
– Mistake of Fact is a defense to specific
intent crimes.
– eliminates culpability where the mistake negates the additional intent/purpose beyond the intentional act
Under CL - Is Mistake of Fact a defense for General Intent Crimes? HOW?
- ONLY IF THE MISTAKE IS REASONABLE.
- negates the mens rea towards an attendant circumstance.
Ex - Did victim consent?
In some jurisdictions, must the mistake of fact be reasonable but also the conduct must not be legally wrong even if the circumstances had been as the D supposed?
Yes. In some jurisdictions, not only must the
mistake of fact be reasonable, but the conduct
also must not be legally wrong if the
circumstances had been as the defendant had
supposed.
Were there strict liability crimes at Common Law?
No -There were no strict liability offenses at the
common law.
MPC - Mistake of Fact
Any mistake of fact – reasonable or
unreasonable – is a defense if it negates the
mens rea for a material element of the offense.
- BUT if conduct would have been legally wrong anyway then the defendant will be liable for that lesser offense.
Are mistakes of law generally a defense for Specific Intent crimes under CL?
Mistake of Law generally is not a defense.
– There are two exceptions:
[1] negation of specific intent.
[2] reasonable reliance on an official statement of law, later determined to be erroneous, given by a public person or body with responsibility for interpreting or enforcing the law
Are mistakes of law generally a defense for General Intent crimes under CL?
Mistake of Law generally is not a defense.
– There is one exception:
[1] reasonable reliance on an official
statement of law.
Are mistakes of law a defense for Strict Liability crimes under CL?
If there’s reasonable reliance on an official statement of law or in cases where the nature of the conduct is not of such nature as to put the defendant on notice that there may be a duty to act.
- Lambert - didn’t know she had to register as a felon
- Liparota - poorly written food stamp law
- Staples - why would someone with a machine gun know they needed to register it?
