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Flashcards in Defenses Deck (24)
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1
Q

What is the justification defense?

A

That what is normally unlawful was not unlawful under the particular facts of the case.

Justifications include:

  1. Self-defense
  2. Defense of others
  3. Defense of property

And

  1. Necessity.
2
Q

What is the key question in all justification defenses?

A

Was it truly necessary for the defendant to take the law into her own hands and commit an act that is normally unlawful?

3
Q

What are the function of excuse defenses?

A

The defense forgives the defendant for committing an unjustified crime because of some disturbance of the defendant’s mental process, and thereby nullifies the culpability for the crime.

4
Q

List the tests for insanity.

A
  1. M’Naghten Test
  2. Irresistible Impulse Test
  3. Model Penal Code Test

And

  1. Durham/New Hampshire Rule
5
Q

What is the M’Naghten test?

A

Under this test, a ∆ is relieved of criminal responsibility upon proof that at the time of commission of the act ∆:

  1. Suffered from a severe mental disease or defect

And

  1. He was unable to know the nature and quality of his act or that what he was doing was wrong.
6
Q

What is the irresistible impulse test?

A

A defendant will be found not guilty whereas the result of a severe mental disease or defect, he is incapable of controlling his impulse to commit a crime.

7
Q

What is the MPC test for insanity?

A
  1. lacked the substantial capacity to know the nature and quality of his act or what he was doing was wrong

Or

  1. He is incapable of controlling his impulse to commit a crime.

Success under either the M’Naghten test or irresistible impulse test will satisfy the MPC test.

8
Q

What is the Durham/New Hampshire Rule test for insanity?

A

A defendant is not criminally responsible if his acts were the product of mental disease or defect.

9
Q

When can involuntary intoxication be used as a defense?

A

Involuntary intoxication is a defense to any crime requiring proof of general or specific intent when it negates the mens rea.

10
Q

When can voluntary intoxication be used as a defense?

A

Intoxication can reduce a defendant’s level of culpability by negating a requisite specific intent element such as:

  1. Intent to steal

Or

  1. Premeditation and deliberation.
11
Q

When does the duress defense excuses criminal conduct?

A

When a person reasonably believes that the only way to avoid unlawful threats of great bodily harm or imminent death is to engage in unlawful conduct.

12
Q

What is duress not an defense to?

A

Murder; unless, raised as a defense to the underlying felony in felony murder.

13
Q

What is self-defense?

A

An honest and reasonable judgment that it is necessary to use force to defend against an unlawful, imminent threat of bodily harm.

14
Q

What are the elements of self-defense?

A
  1. A person is subject to an unlawful threat
  2. The threat is imminent danger

And

  1. Defense uses a proportional force to the danger.
15
Q

When can self-defense not be claimed?

A

When the ∆ is the first aggressor.

16
Q

When can a first aggressor regain the right to self defense?

A
  1. When ∆ has completely withdrawal and the victim attacks

Or

  1. The first victim responds with excessive force.
17
Q

When does a victim have the duty to retreat from an attack?

A

Not a default rule, must be explicitly required by statute.

18
Q

When the retreat rule is in effect, when does it not apply?

A
  1. When ∆ in own home, office, or car

Or

  1. Retreat is not feasible.
19
Q

When is the defense of third parties justified?

A

When it is necessary to defend a third person who is facing an unlawful imminent threat of bodily harm.

20
Q

What is majority v. minority disntiction for defense of third parties?

A

Majority: the third party must make a reasonable judgment that the person protected was the victim of unlawful violence.

Minority: the third party only has the right to defend the victim if the victim had the right to self defense.

21
Q

When is the defense of property allowed?

A

Reasonable non-deadly force is justified in defending one’s property from theft, destruction, or trespass when:

  1. ∆ has a reasonable belief property is in imminent danger

And

  1. No more force than what is necessary is used.
22
Q

What are the elements to the defense of necessity?

A
  1. It is necessary to avoid an immediate threat of greater harm to persons or property
  2. There is no reasonable alternative to breaking the law to avoid the greater harm

And

  1. ∆ is not responsible for causing the harm.
23
Q

What is the jurisdictional split for necessity as a defense: common law v. MPC?

A

Common law: necessity ≠ defense to murder

MPC: necessity = defense to murder

24
Q

When is mistake of law a valid defense?

A

When ∆ relies in good faith on an official statement of law:

  1. Administrative order

Or

  1. Official interpretation by a public officer or department.