General Principles Flashcards
types of defenses to crimes
insanity
intoxication
mistake
impossibility
entrapment
duress
self-defense
defense of others
defense of property
2 types of insanity defenses
M’Naghten Test
Model Penal code
Insanity - M’Naghten Test
(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.
Insanity - Model Penal Code
they will tell you its a MPC question
D lacked “substantial capacity” to appreciate criminal conduct
buzz words for the answer = substantial capacity
[TIP] the federal standard of proof for the insanity defense is
clear and convincing evidence
2 types of intoxication defenses
voluntary and involuntary
Voluntary Intoxication
voluntarily getting drunk
defense to specific intent crimes
[TIP] All crimes are specific intent crimes except …
all crimes are specific intent crimes except for the general intent ones of manslaughter (both forms), battery, arson, rape and kidnapping
Involuntary Intoxication
intoxication without knowledge/consent
defense to ALL crimes
ex: you were drugged or something was put in your drink without your knowledge
mistake
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
mistake - if charged with general intent crime:
reasonable mistake ONLY is a defense
impossibility-
the question will rarely use the term “impossibility”
you just have to know
legal impossibility -
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
factual impossibility
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.
entrapment defense applies when:
(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
duress
reasonable belief of threat of great bodily harm or death
exception to duress
NEVER a defense to murder
self-defense
(1) reasonable belief of imminent danger or bodily harm
(2) return the same level of force
(3) deadly force only allowed for deadly force
defense of others
(1) reasonable belief a third party is in imminent danger
(2) return the same level of force
defense of property
(1) reasonable force to defend property
(2) never deadly force unless fear of being killed
tip - you cannot use deadly force to defend property, unless
you are in fear for your own life or the life of another. Then it may become self-defense.
