Miscellaneous Defenses Flashcards

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1
Q

Necessity

A

Valid defense if D believed his conduct was reasonably necessary to avoid an imminent and greater injury to society

  • Objective standard: D’s commission of the crime must be reasonably necessary; good faith alone is insufficient
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2
Q

Necessity - Exceptions (2)

A

Necessity is not available if either:

a) Crime committed results in the death of another, or

b) D caused the events giving rise to the necessity

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3
Q

Duress

A

A valid defense to a crime D committed under reasonable belief that the crime was necessary to prevent death or serious bodily harm to D or a member of D’s family

  • e.g. someone points a gun at D and threatens to kill him if he does not rob a bank
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4
Q

Duress - Exception

A

Duress is not a defense to homicide crimes

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5
Q

Consent

A

Consent of victim is generally not a defense, but may be available if it negates an element of the offense

  • Never available for certain offenses (e.g. statutory rape)
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6
Q

Consent - Requirements (3)

A

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

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7
Q

Entrapment - Required Elements (2)

A

1) Criminal design originated with law enforcement (criminal design = idea or plan for the crime)

2) D was not otherwise predisposed to commit the crime

  • D must have had no predisposition to commit the given crime prior to his K with law enforcement
  • Law enforcement providing an opportunity for a person to commit a crime is not, by itself, entrapment (e.g. undercover officer buying drugs fro dealer; officer merely provided the opportunity for D to make a sale

Very Narrow defense and Unlikely answer

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8
Q

Mistake of Law

A

Almost Never a Defense

Lacking awareness or knowledge that an act constitutes a crime, even if reasonable, is not a defense to that crime

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9
Q

Mistake of Law - Exceptions (2)

A

Very rare, but can arise where either:

a) Reasonable reliance on an invalid statute

b) Mistake or ignorance negates an element of a crime requiring knowledge of the law

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10
Q

Mistake of Fact - General

A

Available as a defense only if it negates a requisite intent element (i.e. men’s rea) for the drime

Includes ignorances

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11
Q

Mistake of Fact - Specific Intent Crimes

A

Any mistake of fact is a defense

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12
Q

Mistake of Fact - Malice & General Intent

A

Only a reasonable mistake of fact is a defense

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13
Q

Mistake of Fact - Strict Liability

A

Never a defense

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