General Principles Flashcards
INSANITY –
McNaughten
a mental disease which makes the D unable to appreciate the (a) nature and
quality of what they’re doing so that (b) they don’t know what they’re doing is a crime/wrong.
–once in a while you’ll have an answer that has “nature and quality of what you’re doing is wrong”
MPC for Insanity
lacks substantial capacity to appreciate the conduct – look for buzz words
substantial capacity
Intoxication - 2 types
voluntary intox
involuntary intox
–which one you use depends on whether it’s a general or specific intent crime
Voluntary intoxication
will be a defense to a specific intent crime; it negates the intent
Involuntary intox
someone slipped something in
will be a defense against ALL crimes
MISTAKE - ask yourself
is it being raised for a specific intent or general intent crime?
Mistake – specific intent crime
then mistake can be reasonable or unreasonable, it doesn’t matter. So any kind of mistake will be a
defense bc it negates intent.
Mistake – general intent crime
If it’s a general intent crime, my mistake has to be reasonable. how will you know it’s
reasonable? they will tell you. BARRKK (rape, kidnap, battery)
Impossibility - 2 types
legal and factual
Legal imposs:
will always be a defense bc it basically means that the crime didn’t happen;
because one of the elements were not met ———-DEFENSE
Factual imposs
NOT a defense because no matter what happens or what I wanted to happen,
even if I say something was factually impossible, BECAUSE the elements in the crime were still
committed
-burn my own house down to get insurance money – guilty for arson?
no, legal impossibility; because it has to be a
dwelling of another
guy goes to bar and he meets a girl, she says shes 16, license says 16, they end up having sex,
and she’s really 21 , age of majority is 18 – did he commit rape?
nope, that’s legal impossibility,
it’s always a defense
-im gonna kill marino and I take my gun and go to his house – put the gun in his face and
squeeze the trigger and with my luck I forgot the bullets – charged for attempted murder
- yes,
guilty for attempted murder; it’s factually impossible, but it’s not a defnese
- girl is actually 16 but says she’s 21, guy is charged with statutory rape, what’s he gonna say?
factual imposs is NOT gonna be a defense; so he actually committed the crime
ENTRAPMENT
law enforcement (cops) starts or creates a criminal activity and the D is NOT
PREDISPOSED (knowledge, training, experience etc) to commit the crime. *predisposed is a
good word.
how will I know i’m predisposed? they’ll tell you; if they don’t tell me, I look for an answer that says
“jon was not/was predisposed…”
Duress
When D reas. believes I’m under threat of great bodily harm or death
When can DURESS NEVER BE USED as a defense?
can NEVER be used as a defnese to MURDER; if you shoot someone even if someone
has a gun to your head
Self-defense
if there is a reas belief of imminent danger of bodily harm; same force applied
DEADLY force
can only use deadly force on you if you were using deadly force on me
DEFENSE of others
reaso. belief they are under threat, only with safe force; deadly force not
allowed unless that’s what is applied
Defense of prop
REAS force allowed to defend prop; no duty to retreat on prop
Gen approach to defenses
DONT APPLY A DEFENSE WHEN THEY DON’T ASK FOR IT OR TALK ABOUT IT
