General Principals

Question 1

Insanity: Mcnaughten defense

Answer 1

o You are saying that you have a mental disease which makes the D unable to appreciate the nature and quality of their actions so they don’t understand what they are doing is wrong.

o MPC: if D lacks substantial capacity to appreciate the criminal conduct

Question 2

Insanity standard of proof

Answer 2

o In fed trial if you are going to raise insanity as a defense then you must prove insanity as a defense by clear and convincing evidence.

Question 3

Intoxication

Answer 3

2 types:
Voluntary and Involuntary

Question 4

Voluntary Intoxication

Answer 4

o You went out and go drunk
o It’s a defense to specific intent crimes

Question 5

Involuntary Intoxication

Answer 5

o You were given something, someone put something in your drink without your consent, knowledge.

o This will be a defense to all crimes.

Question 6

Mistake (specific and general intent)

Answer 6

o Specific intent crime- any mistake will be a defense weather the mistake was reasonable or unreasonable.

*Because mistake negates the element of intent

oGeneral intent- mistake has to be reasonable

Question 7

Impossibility-Crim law

Answer 7

2 types:
Legal and Factual

Question 8

Legal Impossibility

Answer 8

always a defense
The elements were not met

because it was legally impossible for me to commit the crime.

Question 9

Factual Impossibility

Answer 9

Is never a defense. Because even thought the facts were not what I thought, I still committed the crime. I technically did it.

The elements were met

Question 10

Entrapment

Answer 10

1.Law enforcement creates criminal activity

2. Defendant not predisposed to commit crime

When law enforcement starts or creates the criminal activity and the D is not predisposed to commit the crime.
o Predisposition: never done, not aware of not predisposed to commit this crime. Its foreign to me.
 Arrested 12 times for robbing the bank- im predisposed to robbing the bank.

Question 11

Duress

Answer 11

Reasonably believe that I an under threat of great bodily harm or death.

EXCEPTION
It is never a defense to murder.

Question 12

Self Defense

Answer 12

If you are in reasonable belief that someone is going to hurt you then you can defend yourself with the same amount of force that is about to happen to you

Deadly force only allowed for deadly force.

Question 13

Defense of others 3rd parties

Answer 13

• Same defense and elements as self defense.
  1. Reasonable belief that a 3rd party is in imminent danger
  2. Return the same level of force

Question 14

Defense of property

Answer 14

1. You can use reasonable force to defend your property.
2. Can never use deadly force unless you have a fear of being killed.