Defenses

Question 1

What are the two general types of defenses for specific intent crimes?

Answer 1

1. Capacity (insanity, intoxication, etc)
2. Justification (self-defense, etc)

Question 2

What are the tests for insanity?

Answer 2

1. M’Naghten;
2. Irresistible Impulse;
3. Durham/New Hampshire test; and
4. Model Penal Code standard

Question 3

Elements of M’Naghten test

Answer 3

1. D suffered from a mental disease or defect in reasoning; and
2. D was unable to understand the “nature and quality” of his act OR that what he was doing was wrong

Question 4

Define

Irresistible Impulse test

Answer 4

Looks at whether D is incapable of controlling his behavior.

⭐️ Many states use both M’Naghten & the Irresistible Impulse test.

Question 5

Define

Durham/New Hampshire test

Answer 5

D will be acquitted if his actions were the product of a mental disease or defect (“but for”)

Question 6

What is the MPC test for insanity?

Answer 6

As a result of mental disease or defect, D lacks substantial capacity to either:

• Appreciate the criminality of his conduct; or
• Conform his conduct to the requirements of the law

⭐️ Note: Success under either the M’Naghten test or Irresistible Impulse test will satisfy the MPC standard.

Question 7

What are justification/excuse defenses?

Answer 7

Argues that D’s conduct was justified under the particular facts of the case. Includes:

• Self-defense;
• Defense of others;
• Defense of property;
• Necessity;
• Duress;
• Crime prevention, arrest and to prevent escape; and
• Entrapment

Question 8

Elements of self-defense

Answer 8

1. D honestly and reasonably believed;
2. That he was subject to an imminent unlawful use or threat of force; and
3. D used proportional force to defend himself

Question 9

When can first aggressors claim self-defense?

Answer 9

1. They have completely withdrawn, communicated that to V, and V reattacks/continues attacking; or
2. They used nondeadly force and V responded with deadly force

Question 10

Can V act negligently when using self-defense?

Answer 10

No, V may not act in a manner that a reasonable person would find inappropriate

Question 11

Define

castle doctrine

Answer 11

A person in his or her own home has no duty to retreat from the use of deadly force for protection

Question 12

When can D invoke a defense of others claim?

Answer 12

If D:

1. Reasonably believed V was in imminent danger of great bodily harm;
2. Used force proportional to prevent the harm; and
3. Reasonably believed V would have had a right of self-defense

Question 13

When is the defense of property allowed?

Answer 13

Non-deadly force is justified if:

1. D has a reasonable belief that the property is in imminent danger; and
2. D did not use more force than what was necessary to prevent the interference

Question 14

Can you use deadly force to protect property?

Answer 14

No, unless:

1. Intruder has broken into dwelling (i.e. your occupied home);
2. There is reasonable fear of an immiment felony being committed; and
3. Force is necessary to prevent such intrusion

⚠️ Modern view: deadly force to protect one’s home is only allowed if D has a fear of an immiment violent felony being committed (e.g. homeowner sees intruder with a gun)

Question 15

Elements to the defense of necessity

Answer 15

1. There is an immediate threat of greater harm to persons or property unless D commits the act;
2. No reasonable alternative to breaking the law; and
3. D is not responsible for causing the intial harm

⚠️ Note: Economic necessity is not valid justification

Question 16

Elements for duress defense

Answer 16

1. Imminent threat by third party;
2. Of serious great bodily harm or death;
3. That reasonably causes D to become fearful;

⚠️ Note: Duress is not allowed as a defense for homicide

Question 17

Is voluntary intoxication a defense?

Answer 17

No, unless used to show that D could not have formed or possessed the requisite intent for a crime (i.e. only for specific intent crimes)

Question 18

Is involuntary intoxication a defense?

Answer 18

Yes, as either temporary insanity or negation of requisite intent (either general or specific)

Question 19

What qualifies as involuntary intoxication?

Answer 19

Taking a substance:

• Under duress; or
• Without knowledge of its effects (lack of knowledge must be reasonable)

Question 20

Is consent a valid defense?

Answer 20

Yes, only if:

• Consent is an element of the crime; or
• Consent is for non-serious bodily harm that occurs during a lawful athletic activity or competition

AND

• The consent was voluntarily given by a person with legal capacity to consent

Question 21

Elements of entrapment defense

Answer 21

1. Government designed the crime and encouraged its commission; and
2. D was not predisposed to commit the crime prior to engagement with law enforcement

⚠️ Very limited defense that rarely works

Question 22

Is mistake of law a valid defense?

Answer 22

Generally not. Only successful in extremely rare circumstances if:

• D reasonably relied on a statute that is invalid; or
• Crime requires knowledge of the law itself (ex. crime requires D to “willfully” violate it; often applies to complicated tax laws)

Question 23

Is mistake of fact a valid defense?

Answer 23

Only if the mistake prevented D from having the requisite mens rea for the crime

⚠️ Note: Mistake can be either reasonable or unreasonable