General Principles (Defenses) Flashcards
Insanity Defenses
- M’naghten Test
- Substantial Capacity
M’naghten Test
- you have a mental disease
- and cannot appreciate “nature & quality” of action
- so cannot understand what you are doing is wrong
Model Penal Code: Substantial Capacity
Defendant lacked “substantial capacity” to appreciate the criminal conduct
Federal Standard of Proof for Insanity
Clear & Convincing Evidence
Intoxication Defenses
- Voluntary Intoxication
- Involuntary Intoxication
Voluntary Intoxication
- voluntarily getting drunk
- defense to Specific Intent Crimes (negates the element of intent)
Involuntary Intoxication
- intoxication without knowledge/ consent
- defense to ALL crimes
Mistake & Impossibility Defenses
- Mistake
- Impossibility
- Legal Impossibility
Specific Intent Crime Mistake
whether or not the mistake was reasonable, any mistake will be a defense
General Intent Crime Mistake
ONLY reasonable mistakes can be a defense
Impossibility
the question will rarely use the term impossibility
Legal Impossibility
- ALWAYS a defense
- legally did not happen: elements of the crime were not met
i.e. burn my own house for insurance money is NOT arson. legal element of “dwelling of another” is not met
Factual Impossibility
- NEVER a defense
- elements of the crime were met
i.e. “all the facts said she’s 21.” cannot be a defense to having sex with an actually underaged girl.
Entrapment
1) law enforcement creates criminal activity
2) defendant not predisposed to commit the crime (no prior experience or knowledge concerning the crime)
Duress
Reasonable belief of threat of great bodily harm or death
*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
