Justifications/ Excuses

Question 1

what is a justification

Answer 1

it’s a reason you did something that is NOT WRONG

Question 2

what is an excuse

Answer 2

it’s a reason you did something that IS wrong but we understand why you did it

Question 3

what are the ways to assess reasonableness for self-defense

Answer 3

traditional approach: objective
- what would a reasonable man with typical attributes, background, etc think was reasonable in the situation

modern approach: subjective
- what is reasonable from ∆’s specific point of view
(in reality still kind of objective)

Question 4

what about mistaken self defense

Answer 4

reasonable mistake –> exonerates ∆

unreasonable mistake probably = manslaughter

Question 5

what is battered women’s syndrome

Answer 5

learned helplessness

the subjective test of reasonableness from ∆’s POV yields the same result

Question 6

is there a duty to retreat in your home

Answer 6

Common law - NO

MPC - NO

However, yes if you live together or you were the aggressor

Question 7

is there a duty to retreat in public

Answer 7

common law: NO

MPC and minority: YES, if safe to do so

Question 8

when can you use defense of others

Answer 8

if that guy would’ve had the right to protect himself too

Question 9

what about mistaken defense of others

Answer 9

majority rule: reasonable mistake is okay

minority rule: no mistake is okay

Question 10

can you use deadly force to protect property

Answer 10

sadly no, only if you thought someone was going to do violence to you or another person

Question 11

when is deadly force ok for cops

Answer 11

• if the arrest is for felony
• if the fleeing person poses a significant threat of death/ serious injury to officer or others (or it’s reasonable to believe they do)

Question 12

can you consent to non-serious bodily harm

Answer 12

MPC says sure pal

Question 13

what are the elements for necessity or ‘choice of evils’

Answer 13

1. reasonable belief
2. that breaking the law is necessary
3. to avoid a greater evil
4. that is imminent

Question 14

when might necessity work for prison breaks?

Answer 14

• if prisoner is faced with threat of death, prison rape, injury in imminent future
• no time to complain to guards or they don’t care
• no time to go to courts
• no use of force towards guards in the escape
• prisoner immediately turns himself in when he reaches safety

Question 15

why is political necessity a hard sell

Answer 15

• hard to prove imminent grave harm when government has evaluated the risk and issued a permit
• hard to prove necessity for lawbreaking when political process exists
• courts worry about SOP

Question 16

what is duress

Answer 16

a third party is coercing ∆ to commit a crime

Question 17

what are the elements of duress

Answer 17

present

imminent

impending

of such a nature as to induce a well-grounded approach of death or great bodily harm

Question 18

what has the common law to say about committing homicide under duress

Answer 18

duress does not excuse homicide, even if ∆ was threatened with death

but majority: homicides committed by the third party with the help of ∆ can be excused

Question 19

what say the MPC about homicide committed under duress

Answer 19

might be excused!

test: whether a person of reasonable firmness could’ve resisted

Question 20

possibilities for self-defense

Answer 20

self-defense without mistake = justification

self defense based on reasonable mistake = excuse

self-defense based on unreasonable mistake = voluntary manslaughter

Question 21

what are the elements of entrapment

Answer 21

government

1. temps an innocent person to do something they normally wouldn’t do
2. inducement was overwhelming

Question 22

does entrapment work for violent crime

Answer 22

no

Question 23

what is the M’Nagthen test

Answer 23

∆ is insane if at the time of the offense ∆ could not

• understand the nature of ∆’s acts or
• understand that the acts were wrong

Question 24

what does wrongfulness mean in the McNaughten test

Answer 24

wrongfulness depends on prevailing societal values, not ∆’s subjective values

BUT

∆’s understanding of societal standards could be impaired by his insanity (deific decree)

Question 25

can you get an insanity defense for deific decree

Answer 25

yes, even if you failed the M’Naghten test because you knew it was wrong BECAUSE your understanding of societal standards was influenced by being nuts

Question 26

how does the MPC assess insanity

Answer 26

cognitive and volitional test

cognitive prong - M’Naghten test

volitional prong - ∆ is insane if at the time of the crime was ∆ unable to conform his conduct to the requirements of the law

Question 27

what’s hard about the volitional prong for MPC insanity

Answer 27

government can overcome it by showing that ∆ did have self control and rational conduct about some things at the time of the crime

Question 28

what are the defenses

Answer 28

1. self-defense
2. consent
3. necessity
4. duress
5. entrapment
6. insanity

Question 29

what are the justifications

Answer 29

1. self-defenses
2. consent
3. necessity

Question 30

what are the excuses

Answer 30

1. duress
2. entrapment
3. insantiy