Excuse Defenses

Question 1

Duress

Answer 1

Duress is when someone else is putting you under duress because there is a threat.

Possible Criteria:
- imminent threat
- a reasonable person would not be able to resist
- no reasonable alternative

*it cannot be duress if you put yourself in that situation

Question 2

Elements of Duress

Answer 2

1. an immediate threat of death or serious bodily injury
2. a well grounded fear that the threat will be carried out
3. no reasonable opportunity to escape the threatened harm

Question 3

Involuntary Intoxication

Answer 3

This is when you are given a substance that you do not know about from someone else or you take a substance and it has an unanticipated or unknown side effect

Question 4

Voluntary Intoxication (specific intent crimes)

Answer 4

Sometimes this is used to knock out the mens rea element of the crime

you may be able to argue that you were too incoherent to have the specific intent mens rea for first degree

This is only done with specific intent crimes: except if it is a crime with the mens rea of recklessness: part of the recklessness would be getting drunk

Question 5

Insanity

Answer 5

excuses the actor from their actions because they are insane