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MBE Criminal Law > Defenses > Flashcards

Flashcards in Defenses Deck (23)
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1
Q

What are the two general types of defenses for specific intent crimes?

A
  1. Capacity (insanity, intoxication, etc)
  2. Justification (self-defense, etc)
2
Q

What are the tests for insanity?

A
  1. M’Naghten;
  2. Irresistible Impulse;
  3. Durham/New Hampshire test; and
  4. Model Penal Code standard
3
Q

Elements of M’Naghten test

A
  1. D suffered from a mental disease or defect in reasoning; and
  2. D was unable to understand the “nature and quality” of his act OR that what he was doing was wrong
4
Q

Define

Irresistible Impulse test

A

Looks at whether D is incapable of controlling his behavior.

⭐️ Many states use both M’Naghten & the Irresistible Impulse test.

5
Q

Define

Durham/New Hampshire test

A

D will be acquitted if his actions were the product of a mental disease or defect (“but for”)

6
Q

What is the MPC test for insanity?

A

As a result of mental disease or defect, D lacks substantial capacity to either:

  • Appreciate the criminality of his conduct; or
  • Conform his conduct to the requirements of the law

⭐️ Note: Success under either the M’Naghten test or Irresistible Impulse test will satisfy the MPC standard.

7
Q

What are justification/excuse defenses?

A

Argues that D’s conduct was justified under the particular facts of the case. Includes:

  • Self-defense;
  • Defense of others;
  • Defense of property;
  • Necessity;
  • Duress;
  • Crime prevention, arrest and to prevent escape; and
  • Entrapment
8
Q

Elements of self-defense

A
  1. D honestly and reasonably believed;
  2. That he was subject to an imminent unlawful use or threat of force; and
  3. D used proportional force to defend himself
9
Q

When can first aggressors claim self-defense?

A
  1. They have completely withdrawn, communicated that to V, and V reattacks/continues attacking; or
  2. They used nondeadly force and V responded with deadly force
10
Q

Can V act negligently when using self-defense?

A

No, V may not act in a manner that a reasonable person would find inappropriate

11
Q

Define

castle doctrine

A

A person in his or her own home has no duty to retreat from the use of deadly force for protection

12
Q

When can D invoke a defense of others claim?

A

If D:

  1. Reasonably believed V was in imminent danger of great bodily harm;
  2. Used force proportional to prevent the harm; and
  3. Reasonably believed V would have had a right of self-defense
13
Q

When is the defense of property allowed?

A

Non-deadly force is justified if:

  1. D has a reasonable belief that the property is in imminent danger; and
  2. D did not use more force than what was necessary to prevent the interference
14
Q

Can you use deadly force to protect property?

A

No, unless:

  1. Intruder has broken into dwelling (i.e. your occupied home);
  2. There is reasonable fear of an immiment felony being committed; and
  3. Force is necessary to prevent such intrusion

⚠️ Modern view: deadly force to protect one’s home is only allowed if D has a fear of an immiment violent felony being committed (e.g. homeowner sees intruder with a gun)

15
Q

Elements to the defense of necessity

A
  1. There is an immediate threat of greater harm to persons or property unless D commits the act;
  2. No reasonable alternative to breaking the law; and
  3. D is not responsible for causing the intial harm

⚠️ Note: Economic necessity is not valid justification

16
Q

Elements for duress defense

A
  1. Imminent threat by third party;
  2. Of serious great bodily harm or death;
  3. That reasonably causes D to become fearful;

⚠️ Note: Duress is not allowed as a defense for homicide

17
Q

Is voluntary intoxication a defense?

A

No, unless used to show that D could not have formed or possessed the requisite intent for a crime (i.e. only for specific intent crimes)

18
Q

Is involuntary intoxication a defense?

A

Yes, as either temporary insanity or negation of requisite intent (either general or specific)

19
Q

What qualifies as involuntary intoxication?

A

Taking a substance:

  • Under duress; or
  • Without knowledge of its effects (lack of knowledge must be reasonable)
20
Q

Is consent a valid defense?

A

Yes, only if:

  • Consent is an element of the crime; or
  • Consent is for non-serious bodily harm that occurs during a lawful athletic activity or competition

AND

  • The consent was voluntarily given by a person with legal capacity to consent
21
Q

Elements of entrapment defense

A
  1. Government designed the crime and encouraged its commission; and
  2. D was not predisposed to commit the crime prior to engagement with law enforcement

⚠️ Very limited defense that rarely works

22
Q

Is mistake of law a valid defense?

A

Generally not. Only successful in extremely rare circumstances if:

  • D reasonably relied on a statute that is invalid; or
  • Crime requires knowledge of the law itself (ex. crime requires D to “willfully” violate it; often applies to complicated tax laws)
23
Q

Is mistake of fact a valid defense?

A

Only if the mistake prevented D from having the requisite mens rea for the crime

⚠️ Note: Mistake can be either reasonable or unreasonable