General Principles

Question 1

Defenses?

Answer 1

DONT LOOK UNLESS THEY ARE ASKING ABOUT IT

1. insanity
2. Intoxication
3. mistake
4. Impossibility
5. Entrapment
6. Duress
7. Self Defense

Question 2

Insanity defense?

Answer 2

1. Mchnaughton

        1. Mental disease which makes the D unable to appreciate the nature and quality of what they are doing so they do not know what they are doing is a crime 

2. Model Penal Code

        1. Lacked substantial capacity to appreciate the crime

Question 3

Intoxication defense?

Answer 3

1. Voluntary intoxication
   1. Will be a defense to a specific intent crime
2. Involuntary intoxication
   1. I.E. you were drugged. will be a defense to any kind of crime

Question 4

Mistake defense?

Answer 4

1. If i’m charged with a crime, and i am going to use mistake:

    1. Was the crime specific or general intent? 
   
          1. If i use it for specific, any kind of mistake will be a defense whether that mistake was reasonable or not
   
          2. If i use it for general intent, my mistake must be reasonable 
                1. They will tell you that it was       reasonable

Question 5

Two types of impossibility?

Answer 5

Legal and Factual

Question 6

Legal Impossibility?

Answer 6

Will always be a defense, because it means the crime didn’t happen. It was legally impossible because the elements were not completed.

EX: I burn my house down to get the insurance money. Not arson, because it has to be the dwelling of another.

Question 7

Factual impossibility

Answer 7

Not a defense, because no matter what you wanted to happened, the elements of the crime still were committed.

EX: Going to kill marino, put gun in his face, pull trigger, no bullets in gun. Get arrested for attempted murder. still guilty even though you couldn’t have killed him because no bullets.

Question 8

Entrapment?

Answer 8

1. Law enforcement starts or creates the criminal activity
2. the d is not predisposed to commit the crime
   1. not familiar with the particular crime
   2. They’ll tell you if he was predisposed or not

Question 9

Duress defense crim?

Answer 9

1. When the D reasonably believes he is under threat of great bodily harm or death
   1. duress can never be used as a defense to murder

Question 10

Self defense defense?

Answer 10

1. reasonable belief of imminent danger or bodily harm
2. can apply same force that is being applied to you

Question 11

Deadly force in self defense?

Answer 11

Can only use deadly force if thats what was being applied to you

Question 12

Defense of others?

Answer 12

1. Reasonable belief that they are under imminent threat of danger
2. Same force

Question 13

Defense of property?

Answer 13

1. Reasonable force is allowed
2. No duty to retreat from your property