Defenses

Question 1

Mistake or ignorance of fact

Answer 1

only to show defendant lacked required state of mind

Question 2

Insanity rules

Answer 2

• M’Naughten - defect of reason so defendant does not know wrongfulness of actions, or does not understand his actions
• Irresistible impulse - unable to control actions or conform conduct to the law
• Durham - crime was a product of the mental illness (but for)
• ALI or MPC - combination of M’Naughten and irresistible impulse

Question 3

Insanity in Virginia

Answer 3

Defendant may choose M’Naughten or Irresistible Impulse
(60 day notice)

Question 4

Intoxication

Answer 4

Involuntary intoxication may be treated as mental illness under insanity test

Voluntary intoxication
* specific intent crimes only
* crimes requiring purpose or knowledge (to disprove formation of such intent)

(NEVER a defense in Virginia)

Question 5

Infancy (common law and VA same)

Answer 5

• <7 = no liability
• 7-14 = rebutable presumption child unable to understand wrongfulness of acts
• 14+ = tried as adult

Question 6

Entrapment

Answer 6

• criminal design originated with law enforcement officers
• defendent no predisposed to commit the crime prior to gov’t contact

(VA - may use prior crimes to show predisposition)

Question 7

Necessity

Answer 7

• resonably believed
• commission of crime was necessary
• to avoid greater injury to society than the crime

Death never justified

Question 8

Duress

Answer 8

• reasonably believed
• another person would imminently inflict
• death or great bodily injury
• upon them or a third person
• if they dont commit the crime

not a defense to homicide

Question 9

Self defense (non-deadly force)

Answer 9

reasonably believed
* imminent danger of being unlawfully harmed by another
* force was necessary to prevent threatened harm

Question 10

Self defense (deadly force)

Answer 10

If person is:
* without fault
* confronted with unlawful force
* reasonably believes threatened with imminent death or great bodily harm

Question 11

Defense of dwelling (common law)

Answer 11

use nondeadly force
* reasonable belief necessary
* prevent unlawful entry or attack on dwelling

deadly force
* reasonable belief necessary
* to prevent violent entry (personal attack or felony in dwelling)

Question 12

Defense of Dwelling (Virginia)

Answer 12

Nondeadly force to prevent entry

Deadly force when fearing great bodily injury