Excuses Flashcards
Excuse
– the act is wrong, but, because of the circumstances, it is excusable;
preponderance of the evidence- the defense bears the burden of proof;
reduced culpability; simply a rule of decision by the fact finder. Third party involvement should not be excused.
What level of harm will duress excuse?
Duress will not excuse harm caused that is disproportionate to the imminent threats.
Example: I’m going to hit you in the arm unless you dismember this other person.
Duress
Duress is different from justification because duress is not legally justifiable, it is an excuse. We acknowledge that the conduct is wrongful, but it is understandable. In this case we are talking about third party coercion.
National Majority Rule- homicide & duress
Under NO circumstances can homicide be excused by duress
MPC 2.09 - Duress (not the national majority rule as it applies to homicide committed following third-party coercion).
1) We excuse your conduct if a person of reasonable firmness in the same situation would have been unable to resist the coercion.
2) The defense provided in this section is unavailable if the actor recklessly placed himself in a situation in which it was probable that he would be subjected to duress. The defense is also unavailable if he was negligent in placing himself in such a situation, whenever negligence suffices to establish culpability for the offense charged. (Example -if you sign up to an organized crime ring you probably will not have duress as a defense).
3) The mere fact that a person is a wife does not necessarily mean that the wife is always coerced by her husband. (this was written in the 60s)
4) When the conduct of the actor would otherwise be justifiable under Section 3.02, this section does not preclude such defense. (you can use justification and duress defenses)
Is threat of future harm insufficient for a duress defense?
Yes, if the threat of future isn’t imminent, it’s insufficient
State v. Crawford
The defendant committed a lot of crimes because he owed his drug dealer money and the drug dealer tells him that if he doesn’t, he will kill his wife and son. As the defendant goes on this crime spree, the drug dealer is no longer with the defendant. The crime spree is very extensive. He does a number of things that do not seem to be related to the crimes, like asking a victim to undress. The trial court has a problem of the imminence and credibility of the threat.
How did the court rule
Threat of future harm is insufficient for a duress defense if that harm is not imminent.
State v. Hunter
A hitchhiker (Hunter) was picked up and the driver ends up killing a bunch of people. The driver threatened the hitchhiker’s life and killed people in front of him. During the murders, the driver tells the hitchhiker to be a look out. The driver had two guns. The hitchhiker was charged with felony murder.
Can hitchiker use duress defense?
The national majority view is that homicides committed directly by the defendant under duress cannot be excused, duress should be a defense where the third-party coercing our defendant is the one that kills without help of our defendant.
Elements of Duress (NMR)
- Duress must be present
- It must be imminent
- It must be impending
- Of such nature as to induce a well-grounded approach of death or GBH if completed
Insanity- M’Naghten Test: (most commonly used test)
1) Cognitive capacity – not being able to understand the nature and quality of their actions.
2) Moral capacity – not being able to understand the wrongfulness of your conduct.
- This is an area of law where people are all over the place. Focus on the above. There really is no majority view.*
Insanity- Durham Test
Volitional Capacity – where you have self-control and can conform your conduct to the requirements of the law (this is a third tool). This test is often too hard to gage.
Insanity- MPC
MPC 4.01- Mental Disease or Defect Excluding Responsibility (full meal deal – any of the elements: cognitive capacity, moral capacity, and volitional capacity.)
1) A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality [wrongfulness] of his conduct or to conform his conduct to the requirements of law.
2) As used in this Article, the terms “mental disease or defect” do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.
What is the NMR for insanity defense?
NO NMR- it’s all over the place
