Crime Defenses

Question 1

Intoxication

Answer 1

Involuntary
Voluntary (only to SL, but not post-intent courage)

Question 2

SD

Answer 2

imminent force + reasonably belief genuine + force necessary

–Minority: retreat 1st unless at home, cop, or rob/rape

–1st Agg: gets back after w/d + comm. (or if other suddenly escalates and no opp. to do so)

–property: (i) no sig bodily injury force; (ii) must request desist unless futile/dangerous; (iii) superseded by privilege; (iv) can’t use force to reclaim chattel unless hot pursuit of one who obtained poss. wrongfully

Question 3

Duress

Answer 3

imminent threat of death or sig bodily injury to self or others + belief reasonable

not for homicide

Question 4

Necessity

Answer 4

reasonable belief conduct required to avoid greater harm to society

Question 5

Mistake of Fact

Answer 5

Reasonable: defense if negates intent
Unreasonable: only to SI crimes

Question 6

Mistake of Law

Answer 6

No defense

Question 7

Entrapment

Answer 7

Criminal design originated with cops + not predisposed to commit crime (RARE)

Question 8

Insanity

Answer 8

1. Durham: act is product of mental illness
2. Irr Impulse: lack capacity for self control
3. M’Naghten: lack ability to know wrongfulness of act
4. MPC: lack ability to conform act to legal req’s