(8) Criminal Law: Defenses

Question 1

What are the potential Defenses? Hint: IIP COMEDIANS

Overview

Answer 1

1. Self-Defense
2. Defense of Others
3. Defense of Property
4. Insanity
5. Intoxication
6. Impossibility
7. Necessity
8. Mistake of Law/Fact
9. Entrapment
10. Age
11. Duress
12. Consent

Question 2

Types of:

Self Defense

Overview

Answer 2

1. Self Defense w/Non-Deadly Force
2. Self Defense with Deadly Froce
3. Imperfect Self Defense

Question 3

Self Defense w/Non-Deadly Force

Defenses - Self Defense

Answer 3

The use of non-deadly force is justified when (1) the D reasonably believes; (2) that he is in imminent danger of being harmed.

Question 4

Self Defense w/Deadly Force

Defenses - Self Defense

Answer 4

The use of deadly force is justified when (1) the D kills another based on a reasonable belief; (2) that he was in imminent danger of being killed or suffering great bodily injury; (3) AND the use of deadly force was necessary to defend against the danger.

Question 5

Self Defense w/Deadly Force:

Duty to Retreat

Defenses - Self Defense

Answer 5

There is a duty to retreat in minority jurisdictions unless the D shows that there was no opportunity to retreat OR the retreat could not have been accomplished safely.

Question 6

Self Defense w/Deadly Force:

Aggressor

Defenses - Self Defense

Answer 6

An aggressor may only use force in self defense if (a) they withdraw from the altercation and communicate such intent; OR (b) the other person suddenly uses deadly force and withdrawal is not possible.

Question 7

Imperfect Self-Defense

Defenses - Self Defense

Answer 7

Mitigates murder to voluntary manslaughter. Imperfect self defense is applicable when the D kills another based on good faith belief that (1) they were in imminent danger of being killed or suffering great bodily injury; AND (2) the use of deadly force was necessary to defend against the danger; BUT (3) at least one of those beliefs was unreasonable.

*maybe applied in the defense of others.

Question 8

Defense of Others

Defenses

Answer 8

A person has the right to defend others under the same circumstances in which self defense would be acceptable. The person would step into the shoes of the other.

Question 9

General Rule & Rule re: Force

Defense of Property

Defenses

Answer 9

A person in lawful possession of property may take reasonable steps to protect the property.

To use force the person must reasonably believe that the property is in immediate danger of unlawful trespass or immediate danger of being carried away. Force cannot be disproportionate. There is no right to use deadly force in defending property unless the D reasonably believes another intends to commit a felony inside their dwelling.

Question 10

Types of Tests:

Insanity

Overview

Answer 10

1. M’Naughten
2. MPC
3. Irresistible Impulse
4. Durham Test

Question 11

What burden of proof is required for insanity?

Defenses - Insanity

Answer 11

Federal: Clear and Convicincing in Federal

Question 12

M’Naghten Test

Defenses - Insanity

Answer 12

D is not guilty if due to a mental disease they did not know either (a) the nature and quality of the act; OR (b) the wrongfulness of the act.

*Assess whether the D’s actions would have been criminal if the facts were as the D believed them to be.

Question 13

MPC/Substantial Capacity Test

Defenses - Insanity

Answer 13

The D is not guilty if at the time of conduct they did not have substantial capacity to appreciate the wrongfulness of the act or conform their conduct to the law due to the mental disease.

AKA: Combination of the M’Naghten test and Irresistible Impulse test.

Question 14

Irresistible Impulse Test

Defenses - Insanity

Answer 14

The D is not guilty is they (a) were unable to control their actions or (b) conform their conduct to the law because the mental disease prevented. (Must be an impulse the D cannot resist – does not need to be sudden).

Question 15

Durham Test

Defenses - Insanity

Answer 15

A D is not guilty if the unlawful act was the product of the D’s mental disease or defect and would not have been committed but for the disease.

Question 16

Definition:

Voluntary Intoxication

Defenses

Answer 16

Voluntary intoxication is the intentional taking of a substance known to be intoxicating; no intention of actual intoxication is needed.

Question 17

Voluntary Intoxication - Specific Intent Crimes Rule

Defenses

Answer 17

Voluntary intoxication is a defense to specific-intent crimes if the intoxication prevents the formation of the required intent.

Question 18

Voluntary Intoxication - MPC Rule

Defenses

Answer 18

Voluntary intoxication is a defense for crimes in which the mental state requires purposely or knowingly and the intoxication prevents the formation of the mental state.

Question 19

When is Voluntary Intoxication NOT a defense?

Defenses

Answer 19

Voluntary intoxication is not a defense when one does it purposefully to use it as a defense. When the crime involves malice, recklessness, negligence or is a strict liability crime.

Question 20

Involuntary Intoxication

Defenses

Answer 20

Involuntary intoxication is a defense when the intoxication negates an element of the crimes for general, specific, and malice crimes. Involuntary intoxication occurs when: a substance is taken (a) without knowledge of the intoxicating nature or (b) under duress.

Question 21

Types of:

Impossibility

Defenses

Answer 21

1. Legal Impossibility
2. Factual Impossibility

Question 22

Legal Impossibility

Defenses

Answer 22

Is a defense if the legal impossibility occurs when the D’s acts would not have constituted a crime even if the acts were as the D assumed.

Question 23

Factual Impossibility

Defenses

Answer 23

Is not a defense to an incomplete crime. Factual impossibility is when the D’s acts would have constituted a crime but for a circumstance or fact unknown to the D.

AKA: if the facts were as D assumed they would have committed a crime

Question 24

Necessity

Defenses

Answer 24

Necessity is a defense if the D commits a crime due to the forces of nature. However if the D put those forces into action or there is a reasonable non-criminal alternative, then necessity is not a defense.

(May still be liable under tort law)

Question 25

Types of:

Mistake

Defenses

Answer 25

1. Mistake of Law
2. Mistake of Fact

Question 26

Mistake of Law

Defenses

Answer 26

Mistake or ignorance of the law is generally not a mistake except when: (a) an honestly held mistake of law negates the required intent or mental state; (b) a statute defining the crime was not reasonably made available prior to the conduct; (c) there is reliance on the decision of a court or official interpretation of the law that is determined to be wrong after the conduct.

Question 27

Rule & Determining Reasonableness:

Mistake of Fact

Defenses

Answer 27

Mistake of fact is a defense if it negates the state of mind required for the offense. For general intent or malice crimes the mistake must be reasonable, for specific intent crimes the mistake may be unreasonable, does not apply to strict liability.

Determining Reasonability: A D’s physical characteristics, experiences, and knowledge are taken into account to determine if something is reasonable.

Question 28

Entrapement

Defenses

Answer 28

Must be proven by a preponderance of the evidence by the D that (1) the police or government actor created a criminal environment; AND (2) the D was not predisposed to commit the crime.

Question 29

When is there a lack of predisposition?

Defenses - Entrapment

Answer 29

There is a lack of predisposition when the D was not otherwise intending to commit the crime but only did so because the police applied pressure or some sort of other unfair deceit.

Question 30

Common Law & Modern Trend:

Age

Defenses

Answer 30

Common Law Rule: At common law a child under 7 could not be convicted of a crime. A child between 7-14 is rebuttably presumed to be incapable of committing a crime. A child at least 14 years old could be charged as an adult.

Modern Trend: No child can be convicted of a crime until they are between the ages of 11 and 14 years old.

Question 31

Duress

Defenses

Answer 31

Duress is a defense when a 3rd parties unlawful threat causes the D to reasonably believe that the only way to avoid death or serious bodily injury to themselves or another is to the break the law.

Question 32

Is Duress a valid defense for intentional murder or felony murder?

Defenses - Duress

Answer 32

Duress is not a defense to intentional murder but is to the underlying felony in felony murder.

Question 33

Consent

Defenses

Answer 33

Consent is a defense if consent negates a required element of the crime or precludes the harm sought to be avoided by the crime. Consent must be voluntary.