Defenses

Question 1

Responsiblity Defenses

Answer 1

• Competency
• Insanity
• Diminished Capacity
• Intoxication

Question 2

Four Tests for Insantiy

Answer 2

1. M’Naghten Test
2. Model Penal Code Test
3. “Irresistible Impulse” Test
4. Durham Rule

Question 3

M’Naghten Test

Answer 3

A defendant is relieved of criminally responsible if:

• due to mental disease or death,
• he was uable to know the nature and quality of the act he was doing, OR
• if he did know it, not to know that what he was doing was wrong.

Question 4

Model Penal Code Test

Answer 4

A defendant is not criminally responsible if:

• as a result of mental disease or defect,
• he lacked substantial capacity to appreciate the criminality (wrongfulness) of his conduct OR
• to conform his conduct to the requirements of law.

Question 5

“irresistible impulse” test

Answer 5

A defendant will be found not guilty where he had a mental disease that kept him from controlling his conduct.

Question 6

Durham Rule

Answer 6

A defendant is not criminally responsible if:

• his unlawful act was the product of mental disease or defect (meaning it would not have been committed “but for” the defect or disease).

Question 7

Competency

Answer 7

prevents defendants from being tried, convicted, or punished unless they have the sufficient present ability to consult counsel with a reasonable and rational understanding of the proceedings.

Question 8

Diminished Capacity

Answer 8

• As a result of mental defect,
• ∆ did or did not have a state of mind that is an element of the offense

Question 9

Voluntary Intoxication

Answer 9

Is not a complete defense, but may reduce a ∆’s level of culpability by negating a requisite specific intent element, like intent to steal or premeditation and deliberation

Question 10

Voluntary Intoxication does not negate…

Answer 10

• Recklessness,
• Negligence,
• or Strict Liability

AND is not a defense to general intent crimes

Question 11

Involuntary Intoxication

Answer 11

Is a defense, even if it doesn’t negate an element of the crime

Question 12

Justification

Answer 12

• Self-Defense
• Defense of Third Person
• Defense of Property
• Necessity
• Duress

Question 13

Self-Defense

Answer 13

• Requires an honest and reasonable judgement
• that it is necessary to use force to defense against an unlawful, imminent threat of bodily harm

Question 14

Proprotional Force

Answer 14

∆ must use force in proportion to that threatened

Question 15

Deadly Force

Answer 15

Deadly force is permitted only in response to an imment threat of death

OR

grevious bodily injury

Question 16

Unclean Hands

Answer 16

First agressor may not claim self-defense because the first aggression results in “unclean hands”

Modern jurisdictions: agressor’s right to self-defense is restored if first victim responds to aggression w/ excessive force

Question 17

Retreat Rule

Answer 17

person who did not initiate conflict has no duty to retreat in the face of a deadly attack

Question 18

When is defense of 3rd person justified?

Answer 18

• When it’s necessary to defend 3rd person
• who is facing an unlawful imminent threat
• of bodily harm

Question 19

Reasonableness of ∆’s belief

(majority rule)

Answer 19

∆ must reasonably believe that 3rd person was being unlawfully attacked

Question 20

Reasonableness of ∆’s belief

(minority rule)

Answer 20

∆ has not more right to use deadly force than the 3rd person being protected

Question 21

Defense of Property

Answer 21

Reasonable non-deadly force is justified to defend one’s property from:

• theft,
• destruction,
• or trespass where ∆ has reasonable belief the property is in immediate danger

NO use of deadly force for this one

Question 22

Necessity

Answer 22

Reasonable force is justified to avoid imminent injury;

resulting from natural (non-human) forces;

or where an individual reasonably believes that his criminal conduct is necessary to avoid a “greater harm” that would result from compliance with the law

Question 23

Duress

Answer 23

justifies criminal conduct where the defendant reasonably believes that the only

way to avoid unlawful threats of great bodily harm or imminent death is to engage in unlawful conduct

NOT a defense to murder

Question 24

Other Defenses

Answer 24

• Entrapment
• Mistake of Fact
• Mistake of Law
• Consent
• Condonation

Question 25

Entrapment

Answer 25

• exists where the criminal act is the product of creative activity originating
• with law enforcement officials and the defendant is in no way predisposed to commit the crime

Question 26

Mistake of Fact

Answer 26

• Negates the existence of a mental state
• required to establish a material element of the crime

Question 27

Mistake of fact negating general intent

Answer 27

The mistake of fact must be reasonable

Question 28

Mistake of fact negating specific intent

Answer 28

the mistake of fact may be unreasonable, provided that it’s honest

Question 29

Mistake of Law

Answer 29

Ignorance of the law is not a defense

(Note, there are 3 exceptions, page 268)

Question 30

Consent

Answer 30

Consent of the victim is not a defense to a crime except when it negates a specific element of the offense, such as in rape or kidnapping.

Question 31

Condonation

Answer 31

Subsequent forgiveness by the victim is generally not a defense to the commission of a crime.