Miscellaneous Defenses

Question 1

Necessity

Answer 1

Valid defense if D believed his conduct was reasonably necessary to avoid an imminent and greater injury to society

• Objective standard: D’s commission of the crime must be reasonably necessary; good faith alone is insufficient

Question 2

Necessity - Exceptions (2)

Answer 2

Necessity is not available if either:

a) Crime committed results in the death of another, or

b) D caused the events giving rise to the necessity

Question 3

Duress

Answer 3

A valid defense to 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

Question 4

Duress - Exception

Answer 4

Duress is not a defense to homicide crimes

Question 5

Consent

Answer 5

Consent of victim is generally not a defense, but may be available if it negates an element of the offense

• Never available for certain offenses (e.g. statutory rape)

Question 6

Consent - Requirements (3)

Answer 6

Must be established that:

1) Consent was voluntarily and freely given;

2) Party was legally capable of consenting; and

3) No fraud was involved in obtaining consent

Question 7

Entrapment - Required Elements (2)

Answer 7

1) Criminal design originated with law enforcement (criminal design = idea or plan for the crime)

2) D was not otherwise predisposed to commit the crime

• D must have had no predisposition to commit the given crime prior to his K with law enforcement
• Law enforcement providing an opportunity for a person to commit a crime is not, by itself, entrapment (e.g. undercover officer buying drugs fro dealer; officer merely provided the opportunity for D to make a sale

Very Narrow defense and Unlikely answer

Question 8

Mistake of Law

Answer 8

Almost Never a Defense

Lacking awareness or knowledge that an act constitutes a crime, even if reasonable, is not a defense to that crime

Question 9

Mistake of Law - Exceptions (2)

Answer 9

Very rare, but can arise where either:

a) Reasonable reliance on an invalid statute

b) Mistake or ignorance negates an element of a crime requiring knowledge of the law

Question 10

Mistake of Fact - General

Answer 10

Available as a defense only if it negates a requisite intent element (i.e. men’s rea) for the drime

Includes ignorances

Question 11

Mistake of Fact - Specific Intent Crimes

Answer 11

Any mistake of fact is a defense

Question 12

Mistake of Fact - Malice & General Intent

Answer 12

Only a reasonable mistake of fact is a defense

Question 13

Mistake of Fact - Strict Liability

Answer 13

Never a defense