Defenses Flashcards

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1
Q

Justification defenses establish

A

that what is normally unlawful was not unlawful under the particular facts of the case, and thereby nullifies the “reus” of crime. Justifications include self-defense, defense of others, defense of property, and necessity.

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2
Q

All justification defenses turn on one ultimate question

A

Was it truly necessary for the defendant to take the law into her own hands and commit an act that is normally unlawful?

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3
Q

Excuse Defenses ask for

A

“forgives” the defendant for committing an unjustified crime because of some disturbance of the defendant’s mental process, and thereby nullifies the culpability for the crime.

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4
Q

Insanity Tests

4

A
  1. M’Naghten Test
  2. Irresistible impulse test
  3. Model Penal Code Test
  4. Durham/NH Rule
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5
Q

M’Naghten Test

A

Cognitive Test

Under this test, a defendant is relieved of criminal responsibility upon proof that at the time of commission of the act:
1. suffered from a severe mental disease or defect; and,
2. as a result he was unable to know
Nature and quality of his act or what he was doing was wrong

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6
Q

The irresistible impulse test

A

Defendant will be found not guilty where, as the result of a severe mental disease or defect, he is incapable of controlling his impulse to commit a crime

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7
Q

Model Penal Code Test for insanity

A
  1. ∆ lacked the substantial capacity as a result he was unable to know Nature and quality of his act or what he was doing was wrong

0r

he is incapable of controlling his impulse to commit a crime

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8
Q

the Durham (or New Hampshire) Rule test for insanity

A

A defendant is not criminally responsible if his acts were the product of mental disease or defect

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9
Q

Involuntary intoxication as a defense

A

Involuntary intoxication (whether brought about by alcohol or by narcotic drugs): is a defense to any crime requiring proof of general or specific intent so long as it negates mens rea

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10
Q

voluntary intoxication as a defense

A

may reduce a defendant’s level of culpability by negating a requisite specific intent element, like intent to steal or premeditation and deliberation.

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11
Q

The defense of duress excuses criminal conduct where the defendant

A

reasonably believes that the only way to avoid unlawful threats of great bodily harm or imminent death is to engage in unlawful conduct

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12
Q

What is duress not an offense to?

A

Murder; unless, raised as a defense to the underlying felony in felony murder

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13
Q

Self-Defense is a

A

An honest and reasonable judgment that it is necessary to use force to defend against an unlawful, imminent threat of bodily harm:

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14
Q

Self-defense available when

3

A

Subject to an unlawful threat
In an imminent danger
Uses proportional force

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15
Q

When can self-defense not be claimed

A

when you are the first aggressor

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16
Q

When can a first aggressor regain the right to self defense

2

A

only when they have a complete withdrawal seen by the first victim
or
first victim responds with excessive force

17
Q

When does the retreat rule

A

Not default, when required by statute

18
Q

When retreat rule in effect, when does it not apply

A
  1. When ∆in own home, office, or car; or,

2. Retreat is not fesible

19
Q

Defense of third parties is justified when

A

necessary to defend a third person who is facing an unlawful imminent threat of bodily harm

20
Q

The majority rule for Defense of third parties? Minority?

A

Did the defendant make a reasonable judgment that the person protected was the victim of unlawful violence?

The defendant “steps into the shoes” of the person protected–>imputes knowledge, if first aggressor, then cannot use self defense

21
Q

Defense of property allowed

A

Reasonable non-deadly force is justified in defending one’s property from theft, destruction, or trespass where:
(1) ∆ has a reasonable belief property is in imminent danger

(2) No > force than necessary is used

≠ deadly force

22
Q

Necessity is a general defense that justifies the commission of what is normally a crime when
(3)

A

(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.

23
Q

Necessity as a defense

Common law v. MPC

A

Common law ≠ defense to murder

MPC = defense to murder

24
Q

When is mistake of law a valid defense?

A

When ∆relies in good faith on an official statement of law in

  1. administrative order
  2. official interpretation by a public officer or department