Common Law Flashcards
(14 cards)
Duress (Affirmative Defense)
not a defense to murder
(1) imminent threat of death or serious bodily injury
(2) well grounded fear that the threat wil be carried out
- Fear was operating at the time the alleged criminal act
(3) no reasonable means of escape
(4) actors is not at fault for exposing himself to the duress negates requisite mens rea
- D commited the criminal act to avoid the threatened harm
“sudden and unforeseen emegence of a situation the requires immediate action to prevent an imminet injury
- if there is a legal alternative D
-NO economic neccesity
NECCESITY= NATURE
DURESS= HUMAN
Self Defense
(1) actual or apparent threat of deadly force
(2) that is unlawful and immediate
(3) defender must believe that he was in imminent peril of death or serious bodily injury
- force was necessary to protect himself from the imminent peril of death or seriously bodily harm
(4) Defendants belief must be honest and objectively reasonable not available aggressor no need to retreat at home (if you’re not the aggresor)
- the party asserting self-defense must be free of fault aka no instigating the precipitating, killing event
Defense of Others
(1) a person is justified in using force to protect a third party from the use of unlawful use of force by an agressor
(2) to the same extent the third party would have to defend themselves or to the extent the defending person believes the third party has a right to defend themself
(3) a stranger could come lawfully to the aid of a person being attacked (must be an reasonable intervention
defendant honestly and reasonably believes that a 3rd party is
(4) the third party has the right to use force commensurate with the thrid party’s right to use force against the aggressor
At CL before the defense could be successfullu asserted there had to have been a special, familal relationship
They could be wrong about the belief so long as it was objectively reasonable
Defense of Property:
(1) when faced with the choice of 2 evils
(2) actor must choose to commit the lesser of two
(3) actor must reasonably believe that his action will abate the harm
(5) defendant must have no legal alternatives
Castle Doctrine (Self-defense)
- Under common law there is no duty retreat in ones home when facing an aggressor when withing ones catsle
an agressor is: someone who provokes conflict
- one who precipitates the altercation
- one is not free from fault in the difficulut
- one who incites the fatal attack, encourages the fatal quarel
- one who commits and affirmative unlawful act reasonably calculated to preduce affray forebodying injurious or fatal consequences
Affirmative Defense of Neccesity
- Although violative of the law were necessary to prevent an even greater harm from occuring
- exist only when natural forces create a situation where in it becomes necessary for a person to violate the law in order to avoid a greater evil to himself, another or his property
- must be greater harm
- harm must be IMMEDIATE AND DIRE
- Where a reasonable alternative other than violating the law is avaible in order to avoid the harm
- defense of necessity is not avaible
- choice of two evils
- commit a crime or an alternative act that constitutes a greater evil
QUEEN V. DUDLEY AND STEPHEN ESTABLISH NECESSITY IS NOT A DEFENSE TO MURDER
MISTAKE OF LAW
The mistake negates the MENS REA for the offense, and what proof is necessary to establish that defense
MISTAKE OF FACT
FAILURE OF PROOF
FOR SPECIFIC INTENT
- REQUIRES PROOF THAT THE DEFENDANT WAS MISTAKEN REGARDING AN ELEMENT OF THE OFFENSE
FAILURE OF PROOF GI
MUST BE REASONABLE ONE A REASONABLE PERSON IN THE LIKE CIRCUMSTANCES WOULD MAKE
MISTAKE OF LAW
IS RARELY A SUCCESFUL DEFENSE as compared to MPC that permits
voluntary
an unsympathetic set of circumstances for th as courts will
involuntary
exculpatory, as was coerced, fradualteyly induuces, prescribed inappropriately by a medical professional and pathological: no manifestation of the will to intoxicate the self
