Kaplan Pgs 354-361 Defenses

Question 1

Why is it easier to establish the MPC insanity than other insanity test?

Answer 1

Because MPC does not require the total or absolute loss of cognitive ability or volition. It only requires that the defendant lacked substantial capacity in those areas.

Question 2

D’s are presumed to be sane until what?

Answer 2

They raise an insanity defence

Question 3

What is the standard that the defendant must meet in order to prove insanity?

Answer 3

He must prove it by clear and convincing evidence (federally)
- it must be proven by a preponderance of the evidence (in most states)

Question 4

What is diminished capacity?

Answer 4

Something short of insanity which shows that as a result of a mental defect the defendant did not have the state of mind needed as an element of the offence. This defence is used to negate a specific mental state that is required for the crime

Question 5

Intoxication involves what kind of things?

Answer 5

Alcohol and narcotic drugs

Question 6

When can intoxication be a defence to a crime?

Answer 6

If it negates the existence of an element of the crime

Question 7

When is voluntary intoxication a defense?

Answer 7

Only to specific intent crimes. It is not a defence for general intent crimes and does not negate recklessness, negligence, or strict liability

Question 8

How does involuntary intoxication work?

Answer 8

It is treated the same way that insanity is treated

Question 9

If a definite drink himself silly, then snack on the victims yacht and the victim ordered the defendant off the boat, and then the defendant strangled the victim in a rage failed fury, would that be excused?

Answer 9

No, because this involves voluntary intoxication and a general intent crime

Question 10

In a common law jurisdiction, a person that is over the age of 14 is held to what standard?

Answer 10

An adult standard

Question 11

What are things that count as justification?

Answer 11

Self defence 
defence of a third person
– defence of property
– necessity
– law-enforcement defences like: police, private citizens, resisting unlawful arrest
Dash Doris
– public duty
– domestic authority

Question 12

If an act is considered to be justified, what is the end result?

Answer 12

No crime

Question 13

What are the two important things to remember for self-defense?

Answer 13

The force must be proportional to the initial attack

– the initial attack must be wrongful

Question 14

What is considered to be deadly force?

Answer 14

Force that threatens death or serious bodily harm

Question 15

When can deadly force be used in self-defense?

Answer 15

Only in response to an attack that threatens death or great bodily injury

Question 16

What is non-deadly force?

Answer 16

Force the only threaten bodily harm

Question 17

What is considered to be reasonable force?

Answer 17

The amount of force that is necessary to avoid the threatened harm. So if non-deadly force would stop a deadly attack, responding with deadly force is not reasonable

Question 18

What is an aggressor?

Answer 18

A person who struck the first blow or commits a crime against the victim

Question 19

What are the two ways that an aggressor can regain the right of self-defense?

Answer 19

On complete withdrawal that is perceived by the other party

– if the victim escalates the force from that of the initial aggression

Question 20

If a person did not initiate the conflict, does he have a duty to retreat in the face of a deadly attack?

Answer 20

Generally most or six and say you should retreat before using deadly force unless:
– retreat cannot be done safely
– the defendant is in his own home, vehicle, or workplace

Question 21

can self-defence be used if you kill someone to retaliate or seek revenge for a wrongful attack once the attack is over?

Answer 21

Never

Question 22

What is the focus for defence of others?

Answer 22

The reasonableness of the defendants belief that the other person was being unlawfully attacked. If the defendant reasonably but mistakenly use lethal force against the victim Supertek the third person, the defendant can still claim the justification of defence of others. Although the minority rule is that he has no more right to use deadly force than the third person had

Question 23

Must be a special relationship with someone before you can claim defence of others as a justification?

Answer 23

No, you can use deadly force to protect a total stranger

Question 24

When is defence of property allowed?

Answer 24

You can use reasonable non-deadly force to defend your property from that, destruction, or trespass if you have a reasonable believe that the property is in immediate danger and you use no greater force than necessary

Question 25

Are you justified in using non-deadly force to defend your property if a request to desist would’ve been enough?

Answer 25

No, because you’re only allowed to use the force that is reasonably necessary

Question 26

Can you ever use deadly force to defend property?

Answer 26

No

Question 27

What does defaecation applies to military personnel that are acting within their duties into public executioners?

Answer 27

Necessity

Question 28

In what situation does the defence of necessity not work?

Answer 28

If it is the defendants fault because he created the perilous situation

Question 29

What are the law-enforcement defenses?

Answer 29

Dash police
– private citizens
– resisting unlawful arrest

Question 30

How much force is a police officer allowed to use?

Answer 30

– The amount of non-deadly force that can reasonably believes necessary to make a lawful arrest or to prevent the escape of an arrested
– he can use deadly force only to prevent the commission of a dangerous felony or to arrest someone that he reasonably believes has committed a felony and it is reasonably necessary

Question 31

Difference between a police officer in a private citizen making a mistake in the use of deadly force?

Answer 31

Police officers may be justified, but private citizens will not be

Question 32

What is the general rule for when an individual can resist lawful arrest?

Answer 32

Usually only if he doesn’t know that the other person is a police officer. Same is true if the arrest was made with excessive force.Some decisions allow you to use reasonable non-deadly force to resist an unlawful arrest, but the minority of jurisdictions do not

Question 33

In order for the rest to be a justification, where must the threat come from?

Answer 33

A human force, not a force of nature

Question 34

What is involved in public and duty?

Answer 34

A police officer, official, or private citizen that is assisting a police officer can use reasonable force against someone else to take the property of another as long as he’s acting within his authority under the law, according to a court order, or process that is valid or that he reasonably believes is valid

Question 35

What is the rule for the amount of force that a parent is allowed to use?

Answer 35

A parent of a minor, or anyone acting in loco parentis, can use reasonable force on the child to promote his welfare

Question 36

How do you determine what is reasonable when it comes to parents disappointing their child?

Answer 36

Based on the child’s age, sex, health, and misconduct according to the totality of the circumstances

Question 37

When can mistake of fact be a defense?

Answer 37

If it negates a mental element for the crime. This means that there would be no crime if the facts were as the defendant thought they were
– For general intent crimes: the mistake must be reasonable
– for specific intent crimes: it does not have to be reasonable as long as it is honest

Question 38

Is consent from the victim a defence to a crime?

Answer 38

Only if it negates a specific element of the offense. Like in rape or kidnapping

Question 39

What is condonation?

Answer 39

When the victim forgives the defendant. This is not a defence