Page 34 Flashcards
Why can there be no mitigation for theft crimes?
Malice crimes can be mitigated by provocation, but theft crimes cannot be mitigated to a lesser crime
What are defenses?
Any position the defendant is asserting a trial that will lead to an acquittal
If a question gives you a statute, but then asks what crime the defendant is guilty of, what should you be careful of?
Even though they may have violated the statute, they didn’t necessarily commit a crime
What is a good mnemonic to remember all of the DEFENSES to criminal law?
Baby MICE Drive PANDAS to Drink
What does Baby MICE Drive PANDAS to Drink stand for?
Baby - Infancy
MICE - mistake, insanity, consent, entrapment
Drive - duress
PANDAS - prevention of crime, authority of law, necessity, defense of property/Another/self
Drink - intoxication
What are affirmative defenses?
Claims by the defendant that even if the prosecution can prove every required element of a crime, the defendant had a LEGAL RIGHT to act as he did
Who is the burden of proof always on for defense?
The defendant to prove each required legal element of the affirmative defense
What is the standard of proof for an affirmative defense?
Reasonable doubt
What are the two major types of defenses?
Justification and excuse
What is a justification?
Recognition that the D did the right thing in a difficult situation
When do you usually see a justification?
In self-defense situations
If there has been a killing, but there are facts to justify the defendant’s act, the killing is usually considered what?
No crime
What are the justification defenses?
- prevention of crime
- apprehension of fleeing felon
- defense of self or others
- reasonable mistake
All justification defenses have the same three internal structure points, what are they?
- triggering condition that requires defendant to act
- necessity where defendant has no choice but to act
- proportionality requirement that limits how defendant can respond
What are the two different defenses of law-enforcement?
Prevention of crime and apprehension of fleeing felon
What is prevention of crime as a defense?
D is privileged to use reasonable force to stop or prevent a violent felony
What is considered a violent felony for prevention of crime?
- burglary
- arson
- rape
- robbery
- kidnapping
- deadly assault
If you mean to prevent a crime but it has already been completed, can you use the prevention of crime defense?
No
If a bank robber is killed while driving out of the parking lot, can the prevention of crime defense be used?
No, because the crime was already completed
What is the apprehension of fleeing felon defense?
Defendant was privileged to use reasonable force to catch and arrest a criminal suspect
What is the type of force the police can use for apprehension of fleeing felon?
Deadly force if necessary to catch an escaping felon regardless of the type of felony
How much force are private citizens allowed to use for apprehension of a felon?
Can use deadly force if necessary to catch an escaping felony suspect, but only if a violent felony has been committed and the citizen has a reasonable belief that it did
Anyone can apprehend a fleeing felon if one of what two things are present?
- a misdemeanor was committed in their presence, or
- they are in hot pursuit
If a misdemeanor has been committed, what type of force is allowed to apprehend the fleeing person?
Only reasonable force for a misdemeanor
What is the common law and majority viewpoint for using deadly force for escape of a fleeing felon?
- CL: deadly force can be used even if the felony is not dangerous
- Majority: can only use deadly force when necessary to prevent escape of a felon or imminent commission of a dangerous felony
What is self-defense?
One who is not the aggressor is justified in using a reasonable amount of force against his adversary if reasonably believes he is in immediate danger of unlawful bodily harm, and the use of force is reasonably necessary to avoid the danger
Self-defense is unavailable for what types of crimes?
Negligent and reckless
What must the honest and reasonable fear be for self-defense at CL and MPC?
- CL: of death or great bodily harm according to a reasonable person in the D’s situation
- MPC: D’s belief that force was necessary
Is the reasonableness standard subjective or objective MPC and CL self-defense?
- CL: subjective because it considers the circumstances of the defendant, but from a reasonable person’s point of view
- MPC: looks at the defendant’s subjective and honest belief
What does the MPC say about the immediacy requirement for self-defense?
Relaxes it and says it is enough if the defendant reasonably believed force was immediately necessary on the present occasion
What are two ways that the role of aggressor can be assumed in a self-defense situation?
- if the other party unreasonably escalated the violence by responding with unreasonable force in return
- if a party prevents withdrawal after intent to withdraw has been communicated
If you shoot at someone in self-defense and immobilize them, then shoot again and kill, what is your liability?
That last shot was not in self-defense, so you’re guilty of murder or manslaughter
When is a person not an aggressor?
If his conduct is lawful
If you reach a point of safety and then intentionally return, you are considered the what?
Aggressor
What does the MPC say about the initial aggressor component of self-defense?
The initial aggressor only loses the defense if he provokes the use of force with the purpose of causing death or serious bodily harm. If he only provokes a non-deadly use of force, and the victim escalated to deadly force, the defendant can defend himself against the deadly attack
