Defenses and State of Mind Flashcards
Insanity, Intoxication, Infancy, self-defense, defense of others
See Homicide for these
What is the result of a crime committed under duress?
A defendant’s criminal liability is excused if the crime is committed under the threat of imminent death or great bodily harm. EXCEPT INTENTIONAL HOMICIDES.
Can intentional homicides be excused because the defendant was under threat of imminent death or serious bodily harm?
No.
What is the effect of entrapment?
Defendants will not have liability for a crime if committed because defendant was entrapped by government officials as long as the defendant was not predisposed to commit the crime and the plan originated with a government official.
What must a criminal defendant show in an entrapment defense?
That the criminal plan originated with the government official and defendant was not predisposed to commit the crime prior to contact with the government.
What is the result of a defendant making a reasonable mistake of fact?
If the defendant makes a reasonable mistake of fact or is ignorant of a fact that negates the required mental state for the crime, he is not guilty of that crime.
What is the result of the defendant making an unreasonable mistake of fact?
If the defendant is mistaken or ignorant of a fact, but the mistake is unreasonable under the circumstances, then the mistake is a defense ONLY if the crime is a specific intent crime.
Is the mistake of the law a defense?
no. A mistake or ignorance of the law is no defense if charged with a violation of that law.
What are the general intent crimes?
Battery, assault, rape.
What are the key defenses to general intent crimes?
Reasonable mistake of fact.
What are the specific intent crimes?
Assault when based on attempted battery, all theft crimes, burglary, all preliminary crimes, First Degree Murder based upon intent to kill (or felony murder where underlying felony requires specific intent), and all statutory crimes with words like knowingly or with intent to.
What are the key defenses to specific intent crimes?
Reasonable or unreasonable mistake of fact, voluntary intoxication.
What are strict liability crimes?
Crime with no required mental state.
What are the key defenses to strict liability crimes?
None. Only that defendant performed no voluntary act.
