Failure of Proof Defenses

Question 1

Failure of Proof Defenses

Answer 1

negate some or all of the elemnts of proof
-ex. mistake of fact, voluntary intoxication, alibi

Question 2

Voluntary Intoxication

Answer 2

2 components: voluntariness and intoxication

negates mens rea

Question 3

voluntariness

Answer 3

cl: intoxicated with knowledge and without force/fraud
mpc: intoxicated knowingly

Question 4

intoxication

Answer 4

cl: state of mental confusion, excluding possiblity of forming a specific intent
mpc: disturbance of mental or physical capacities resulting from the introduction of substances in the body

Question 5

mens rea

Answer 5

voluntary defense can only be defense to specific intent crimes not general

Question 6

specific intent

Answer 6

is a defense; b/c he was incapable of forming or did not form