General Principles

Question 1

types of defenses to crimes

Answer 1

insanity
intoxication
mistake
impossibility
entrapment
duress
self-defense
defense of others
defense of property

Question 2

2 types of insanity defenses

Answer 2

M’Naghten Test
Model Penal code

Question 3

Insanity - M’Naghten Test

Answer 3

(1) have a mental disease
(2) so D cannot appreciate “nature and quality of actions
(3) and D cannot understand what they are doing is wrong

ex:
a small child hits you over the head with a baseball bat and laughs about it. He is not developed enough to understand that the nature of his actions is wrong.

Question 4

Insanity - Model Penal Code

Answer 4

they will tell you its a MPC question

D lacked “substantial capacity” to appreciate criminal conduct

buzz words for the answer = substantial capacity

Question 5

[TIP] the federal standard of proof for the insanity defense is

Answer 5

clear and convincing evidence

Question 6

2 types of intoxication defenses

Answer 6

voluntary and involuntary

Question 7

Voluntary Intoxication

Answer 7

voluntarily getting drunk

defense to specific intent crimes

Question 8

[TIP] All crimes are specific intent crimes except …

Answer 8

all crimes are specific intent crimes except for the general intent ones of manslaughter (both forms), battery, arson, rape and kidnapping

Question 9

Involuntary Intoxication

Answer 9

intoxication without knowledge/consent

defense to ALL crimes

ex: you were drugged or something was put in your drink without your knowledge

Question 10

mistake

Answer 10

the question will use the word “mistake”

if charged with specific intent crime:
-reasonable AND unreasonable mistake are defenses
-any mistake will be a defense!

tip - the mistake must negate the element of intent

Question 11

mistake - if charged with general intent crime:

Answer 11

reasonable mistake ONLY is a defense

Question 12

impossibility-

Answer 12

the question will rarely use the term “impossibility”

you just have to know

Question 13

legal impossibility -

Answer 13

ALWAYS a defense

elements of the crime were not met

ex:
burning down your own home is not common law arson

pointing a gun and pulling the trigger, but the gun had no bullets

Question 14

factual impossibility

Answer 14

NEVER a defense

-bc even tho the facts are not what I thought I still did it!

elements of the crime were met

Ex: think about the neighbor and defendant + cocaine situation.

D wanted to sell cocaine to sell, bought white powder from neighbor. That white powder wasn’t cocaine.

Neighbor off the hook because legal impossibility. He didn’t sell cocaine, he never intended to sell cocaine, he sold a white powder, he intended to sell a white powder —- elements of crime (selling cocaine) not met.

D is not off the hook because factual impossibility. Just because they didn’t know it wasn’t cocaine it doesn’t matter. They still intended to sell cocaine and technically did (because they didn’t have knowledge).

Saying “I didn’t know” isn’t a defense.

Question 15

entrapment defense applies when:

Answer 15

(1) law enforcement creates criminal activity
(2) defendant not predisposed to commit crime

predisposition means the D has no prior experience or knowledge concerning the crime

Question 16

duress

Answer 16

reasonable belief of threat of great bodily harm or death

Question 17

exception to duress

Answer 17

NEVER a defense to murder

Question 18

self-defense

Answer 18

(1) reasonable belief of imminent danger or bodily harm
(2) return the same level of force
(3) deadly force only allowed for deadly force

Question 19

defense of others

Answer 19

(1) reasonable belief a third party is in imminent danger
(2) return the same level of force

Question 20

defense of property

Answer 20

(1) reasonable force to defend property
(2) never deadly force unless fear of being killed

Question 21

tip - you cannot use deadly force to defend property, unless

Answer 21

you are in fear for your own life or the life of another. Then it may become self-defense.