Miscellaneous Defenses

Question 1

Necessity Definition

Answer 1

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

Question 2

Necesity is an ____ test. D’s commission of the crime must be reasonably necessary. ___ ___ alone is insufficient.

Answer 2

Objective

Good Faith

Question 3

Necessity is not available if:

Answer 3

1. Crime committed results in the death of another, or
2. D caused the events giving rise to the necessity.

Question 4

Duress

Answer 4

A valid defense to a rime 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.

Question 5

Duress is not a defense to ____ crimes

Answer 5

Homicide

Question 6

Consent

Answer 6

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

Question 7

Consent is never available for certain kinds of offenses, like

Answer 7

Statutory rape

Question 8

Consent Requirments

Answer 8

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 9

Entrapment

Answer 9

An available defense to criminal liability if a law enforcement agent has induced D to commit a crime.

Question 10

Entrapment Elements

Answer 10

1. Criminal design originated with law enforcement
   
   1. Idea or plan for the crime
2. D was not otherwise predisposed to commit the crime
   
   1. D must have no predisposition to commit the given crime prior to this contact with lawenforcement
   2. Law enforcement providing opportuniuty for a person to commit a crime, is not, by itself, entrapment.

e.g. undercover officer buying drugs from dealer; officer merely provided opportunity for D to make a sale.

Question 11

Mistake of law

Answer 11

Almost never a defense

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

Question 12

Mistake of law

Exceptions

Answer 12

Very rare:

• Reasonable reliance on an invalid statute
• The crime itself requires knowledge of the law

Question 13

Mistake of Fact

Answer 13

available a a defense only if it negates a requisite intent element.

• i.e. mens rea

Question 14

Mistake of Fact

Specific Intent

Answer 14

Any mistake of fact is a defense

Question 15

Mistake of Fact

General Intent

Answer 15

Only a reasonable mistake of fact is a defense

Question 16

Mistake of Fact

Strict Liability

Answer 16

Mistake of fact is never a defense.