Miscellaneous Defenses Flashcards
When is necessity a valid defense to a criminal act?
If D believed his conduct was reasonably necessary to avoid imminent and greater injury to society.
*note: must be reasonably necessary, good faith alone is not sufficient
Necessity is not an available defense to a crime if
a) the crime committed results in the death of another, or
b) D caused the events giving rise to the necessity
To what crimes is duress a valid defense?
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.
Exception: No duress defense to homicide crimes.
When is the victim’s consent a defense to a crime?
Usually it’s not, but may be if it negates an element of the offense
**never available for certain offenses like statutory rape
For consent to be a defense to a crime, what three things must be established?
- Consent freely and voluntarily given
- party was legally capable of consenting; and
- no fraud was involved in obtaining consent
When is entrapment an available defense?
If law enforcement agent has induced D to commit a crime.
What are the two elements of entrapment?
- criminal design originated with law enforcement
- D was not otherwise predisposed to commit the crime **
D must have NO predisposition to commit the given crime prior his contact with law enforcement
Law enforcement providing opportunity for person to commit a crime is not, by itself, entrapment
EG undercover officer buying drugs from dealer; officer merely provided opportunity for D to make a sale.
What is a mistake of law?
Where you lack awareness or knowledge that an act constitutes a crime, even if reasonable, not a defense to that crime.
What are exceptions to the general rule that mistake of law is not a defense?
- reasonable reliance on an invalid statute
2. the crime itself requires knowledge of the law
When is mistake of fact a defense?
Only if it negates a requisite intent element for the crime. (Mistake includes ignorance)
For specific intent crimes, is mistake of fact a defense?
Yes, any mistake of fact is a defense to specific intent crimes.
For malice and general intent crimes is mistake of fact a defense?
Only a reasonable mistake of fact.
For strict liability is mistake of fact a defense?
never.
