misc defenses

Question 1

necessity defense

Answer 1

valid if D believed his conduct was reasonably necessary to avoid an imminent and greater injury to society; objective standard

not available if crime committed results in death of another or D caused the events giving rise to the necessity

Question 2

duress defense

Answer 2

valid defense to a crime D committed under reasonable belief that the crime was necessary to prevent death/serious bodily harm to D or a member of D’s family; not a defense to any intentional homicide crimes

Question 3

consent defense

Answer 3

available if it negates an element of the offense

must be established that
1) consent was voluntarily and freely given
2) party was legally capable of consenting and
3) no fraud was involved in obtaining consent

Question 4

entrapment defense

Answer 4

available defense if a law enforcement agent has induced D to commit a crime

required elements:
1) criminal design originated with law enforcement
2) D was not otherwise predisposed to commit the crime

Question 5

mistake of law

Answer 5

almost never a defense, but can arise where either a) reasonable reliance on an invalid statute or b) mistake/ignorance negates an element of a crime requiring knowledge of the law

Question 6

mistake of fact

Answer 6

available as a defense only if it negates a requisite intent element for the crime