Miscellaneous Defenses

Question 1

What are the misc. defenses?

Answer 1

necessity
duress
consent
mistake of law and fact
entrapment

Question 2

What is the defense of necessity?

Answer 2

valid defense if D believes his conduct was reasonably nec. to avoid an imminent and greater injury to society

• use objective test (good faith alone is insuff)

Question 3

When is the necessity defense not available?

Answer 3

1. crime committed results in death of another; or

2. D caused the event giving rise to the necessity

Question 4

What is the defense of duress?

Answer 4

Valid defense if D believes the crime was necessary to prevent death or serious bodily harm to D or member of D’s family (points gun at D’s head and threatens to kill if he doesn’t rob bank)

Question 5

When is the duress defense not available?

Answer 5

In homicide crimes

Question 6

What is the defense of consent?

Answer 6

if V consents, this could negate an element of a crime

Question 7

When is the defense of consent never available?

Answer 7

statutory rape

Question 8

What are the requirements for showing consent?

Answer 8

1. voluntarily and freely given;
2. party was legally capable of consenting; and
3. no fraud was involved in obtaining the consent

Question 9

What is the mistake of law defense?

Answer 9

D lacked awareness/knowledge that act was a crime

Question 10

When is mistake of law available?

Answer 10

1. reasonable reliance on an invalid statute

2. crime itself requires knowledge of the law

Question 11

Is reasonable unawareness that crime was illegal a defense?

Answer 11

no

Question 12

What is the mistake of fact defense?

Answer 12

available only if it negates a requisite intent element for the crime (this includes ignorance)

Question 13

Is mistake of fact a defense to SI crimes?

Answer 13

yes

Question 14

Is mistake of fact a defense to malice/general intent crimes?

Answer 14

only if mistake was reasonable

Question 15

Is mistake of fact a defense to strict liability crimes?

Answer 15

never

Question 16

What is the defense of entrapment?

Answer 16

available if law enforcement agent induced D to commit a crime

Question 17

What are the elements of entrapment?

Answer 17

1. the criminal design originate w/ law enf
2. D was not otherwise predisposed to commit the crime
   (law enf providing oppty to commit a crime is not entrap - undercover cop)