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Flashcards in Crim Law: Defenses Deck (31)
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1

Insanity

3 tests:
CL/Majority - M'Naughton Test
Modern - Irresistible Impulse
Model Penal Code

2

M'Naughten Rules (Common Law, Majority)

Mental illness precluded
1. Knowing right from wrong, OR
2. Understanding the nature and quality of the act
eg. 1. Thought god gave permission to kill
2. Thought strangling children instead of child

3

Irresistible Impulse

Mental illness precluded ability to control actions or conform conduct to law
eg. Could not resist the voices inside head.

4

MPC

Mental illness resulted in lack of substantial capacity:
1. Appreciate wrongfulness of conduct, OR
2. Conform conduct to law.

5

Intoxication

Involuntary: Without knowledge or against will
*Defense against ALL crimes if satisfy insanity defense.
Voluntary: Knowingly self-induced.
*Defense against SI comes if negates MR.

6

Darcy slips LSD into Emma's drink. Intoxicated, Emma robs and burns down store, kills one clerk and injures another whom she takes hostage. Charged with arson, robbery, and kidnapping. Does she have a defense.

Yes --involuntary

7

After purposefully getting herself high on LSD, Emma robs and burns down store
a. charged with robbery
b. charged with arson and kidnapping
c. charged with murder
d. charged with first-degree murder
e. Charged with conspiracy and attempted murder.
Does she have a defense?

A. Yes
B. NO
C. NO
D. YES
E. YES

8

Infancy: CL and MPC

CL: under 7 no liability; under 14 - no liability; rebuttable by clear showing d appreciated nature. greater than 14: liability as adult
MPC: under 16L juvi court has exclusive jurisdiction for "delinquency" ; 16-17 same unless juvi court approves for trial as adult in criminal court.

9

Mistake of Fact: Specific Intent crimes

Elements:
1. ANY mistake that negates MR, however unreasonable. Eg. took tools from contraction site, implausibly believing abandoned.

10

Mistake of Fact: General Intent and Malice

Elements:
1. Reasonable mistake that negates MR.
eg. Reasonably though mistakenly believed sex was consensual.

11

Mistake of Fact: Strict Liability

NO DEFENSE.
eg. Reasonably believed sexual partner was adult

12

Mistake of Law

NO DEFENSE generally--eg smoked pot not knowing illegal.
Exception:
1. Relied on interpretation of official responsible for interpreting or enforcing law at issue. eg. State AG gave opinion on reach of crime law, which state court later contradicts.
2. MR of crime includes knowledge of relevant law. eg. criminal tax evasion requires knowledge of legal duty to pay taxes in question.

13

Self Defense: Non Deadly Force

REASONABLY believed force used was necessary to defend against imminent unlawful force.
RETREAT NOT REQUIRED.

14

Self Defense: Deadly force

REASONABLY believed force used was necessary to defend against imminent unlawful DEADLY force or SERIOUS bodily injury.
RETREAT:
Majority: NOT REQ'D
Minority/CL: required UNLESS
1. home
2. rape or robbery
3. making lawful arrest

15

Self- Defense: Aggressor

NO right to self-defense UNLESS
a. Withdrawal + communication, OR
b. Escalation from non deadly force to deadly force by victim.

16

At home, Bennet ridicules Wickham, mocking his son-in-law's intelligence and masculinity. Wickham charges at Bennet with a knife, but the latter shoots and kills him. Is there self-defense?

Yes. At his home, Mere words not enough to provoke.

17

At home, Bennet ridicules Wickham. Wickham swings a punch at his father in law, who shoots him but misses. before Bennet can fire another shot, Wickham stabs him in the chest, killing him. Is there self-defense?

Yes, escalation from non deadly force to deadly force by victim.

18

At home, Bennet ridicules Wickham, who punches him in the face and walks away. B chases him down in the street and punches him back. Is there self-defensee?

NO. there was no withdrawal.

19

Defense of Others

May use such force to defend others (nondealy or deadly) as REASONABLY believed others may use to defend themselves.

20

Jane overhears her neighbor C screaming for help and telling her husband Bill to stop hurting her. Jane dashes over, sees C tied up and B apparently about to whip her, and punches him. In fact, Charlotte and Bill were role playing. Does Jane have defense?

Yes!. J reasonably believed that C needed help.

21

Defense of property.

Nondeadly force: Reasonably believed necessary to prevent imminent unlawful entry or dispossession.
Deadly: NOT ALLOWED to protect property. Narrow exception in HOME if reasonably believed necessary to defend against entry with intent to (seriously) injure or commit (forcible) felony

22

Duress

Defense for crimes, excluding homicides if reasonably believed
Under threat by another person
of Imminent death or serious bodily injury
To self or family (or third party)
No reasonably way out of situation
Not at fault in bringing about situation.

23

Necessity

Defense for crimes, likely excluding homicides, if reasonably believed
Necessary to avoid greater imminent harm to society
From Natural forces.
NO killing to protect property. Likely not even to protect more lives.

24

K burns B's house to prevent rapidly spreading fire from consuming rest of neighborhood. Is there a defense?

Yes, Necessity.

25

Firefighters appear to be controlling neighborhood blaze, but K burns B's house for safe measure. is there defense?

No because there was no necessity.

26

R credibly threaten to break B's arm unless he burglarizes a neighbor's home. Is there defense for B?

Yes, duress.

27

R credibly threaten to post embarrassing pic of B unless he burglarizes a neighbor's home. Is there defense for B?

No. There is no necessity or duress.

28

Unemployed and out of money, D steals bread from bakery to avoid starving to death. Is there a defense.

NO.

29

Entrapment

Narrow defense that requires showing:
1. Criminal design ORIGINATED with government, AND
2. D NOT Presdisposed to commit the crime.
*Opportunity is NOT entrapment.
*State Actor ONLY.

30

Undercover cop offers to sell drugs to Elizabeth, who buys some. Is this entrapment?

NO, opportunity is NOT entrapment.