Defenses

Question 1

What is Insanity defense

Answer 1

-Insanity is excuse that D lacks mental responsibility

-if D was legall insane at the time of his criminal act, no criminal liability is imposed

Question 2

M’Naughten Test

Answer 2

Focuses on D’s reasoning abilities at the time of an offense - a D will be relieved of criminal responsibility upon proof that, at the time of the commission of the crime:
1. D suffered from a severe mental disease or defect
2. as a result, the D us unable to know either (a) the nature and quality of their act OR (b) that what the ywere doing was wrong

Question 3

Impermissible Impulse Test

Answer 3

D will not be found guilty when they had a mental disease that kept them from controlling their conduct

Question 4

MPC Test

Answer 4

D is not responsible for criminal conduct if, at the time of such conduct and as a result of such mental disease or defect, they lacked the substantial capacity to appreciate the criminal wrongfulness of their conduct or to conform conduct to the requirements of the law

Question 5

Durham / New Hampshire Rule

Answer 5

D is not criminally responsible if the unlawful act was the product of a mental disease or defect and that it wouldn’t have been committed “but for” the disease or defect

Question 6

Involuntary Intoxication

Answer 6

Can be alcohol or narcotic
Will be a defense to any crime requiring proof of general or specific intent, so long as it negates the requisit mens rea

Question 7

Voluntary Intoxication

Answer 7

Voluntary intoxication is not a defense to general intent crimes and will not negate recklessness, negligence or strict liability

Voluntary intoxication may be a valid defense for a specific intent crime if it negates the requisite mental state (purposeful or knowing)

Question 8

Duress

Answer 8

Duress excuses criminal conduct where the defendant reasonably believes that the only way to avoid an unlawful threat of great bodily harm or imminent death is to engage in unlawful conduct

Duress is NOT a defense to murder, unless to excuse the underlying felony in felony murder

Question 9

Self Defense

Answer 9

Justification defense applicable where there is an honest and reasonable judgement that it is necessary to use force to defend against an unlawful, imminent threat of bodily harm

Question 10

What are requirements for claiming self defense

Answer 10

1. D must be the victim of the unlawful threat (cannot be the initial aggressor)
2. D must be in imminent danger of unlawful bodily harm
3. D must use proportional force that’s no more than reasonably necessary to prevent the imminent harm

Question 11

Homicidal Self-Defense

Answer 11

Deadly force used in self-defense is only permitted in response to an imminent threat of death or grievous bodily harm

Question 12

Unclean Hands

Answer 12

Doctrine that initial aggressor may not claim self-defense

Question 13

Common-law exception to unclean hands

Answer 13

Initial aggressor may regain the right to use self-defense only by complete withdrawal perceived first by the first victim

Question 14

MPC exception to unclean hands

Answer 14

The initial aggressor has the right to self-defense if the first victim responds to the aggression with excessive force

Question 15

Retreat Rule

Answer 15

The victim of unlawful violence has the duty to retreat before the use of deadly force

Question 16

Exception to retreat rule

Answer 16

Even when retreat is required under general circumstances, retreat is not required in the defendant’s own home, car or office, and is not required if retreat isn’t feasible

Question 17

Defense of Others

Answer 17

Force is justified when necessary to defend a. third party who is facing an unlawful imminent threat of bodily harm

Use of deadly force is only justified whne there is a threat of death or grievous bodily harm

Question 18

Majority Rule for Defense of Others

Answer 18

Requirement that defense be based on the reasonableness of the defendant’s belief that the third person was being unlawfully attacked.

May still claim defense of others if reasonable but mistaken

Question 19

Minority rule for defense of others

Answer 19

D steps into the shoes of the victim being attacked - if the third party was the initial aggressor or failed to retreat when required by law then the defendant has no defense

Question 20

Defense of Property

Answer 20

Reasonable, non-deadly force is justified in defending one’s property from theft, destruction or trespass where
1. the D has a reasonable belief that their property is in immediate danger and
2. No greater force than necessary is used

Question 21

Can deadly force ever be used to defend property?

Answer 21

No

Question 22

Necessity

Answer 22

Defense of necessity justifies the commission of what is normally a crime when:
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
3. D is not responsible for causing the harm

Question 23

Is necessity a defense to murder

Answer 23

Common law: necessity is never a defense to murder, unless raised as a defense to the underlying felony for felony murder

MPC: Necessity can be raised as a defense for all charges, even homicide, which might result in acquittal if the defendant kills one person to save multiple lives