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Flashcards in Criminal Defenses Deck (20)
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1
Q

What are the 8 defenses to criminal acts?

A
Capacity Defenses	
1) Insanity	
2) Voluntary Intoxication	
3) Infancy	
Other Defenses	
4) Mistake	
5) Self-defense (Justification)	
6) Necessity ("Choice of Evils")	
7) Duress	
8) Entrapment
2
Q

What are the 4 tests for insanity as a criminal defense? NOTE: NY Distinction

A

To establish insanity, ∆ must have a “mental disease or defect”, which is proven by…

1) M’Naghten Test (majority – purely cognitive): the ∆ must prove that he EITHER (i) did not know that his conduct was wrong; OR (ii) did not understand the nature of his conduct
2) Irresistable Impulse Test (purely volitional test): the ∆ must prove that he EITHER (i) was unable to cntrl his actions; OR (ii) was unable to conform his conduct to the law
3) The MPC Test (cognitive/volitional test): If the ∆ lacked the substantial capacity to EITHER (i) appreciate the criminality of his conduct; OR (ii) conform his conduct to the requirements of the law

NY DISTINCTION:
4) The NY Test: ∆ must prove he lacked substantial capacity to know/appeciate EITHER: (i) the nature and consequences of his conduct; OR (ii) that his conduct was wrong

3
Q

What is the difference b/t insanity and incompetency?

A

Insanity = the ∆ was insane AT THE TIME of the crime

Incomptency = the ∆ AT THE TIME of the trial CANNOT either… (i) understand the nature of the proceedings against him; OR (ii) assist his lawyer in the preparation of his defense… which will lead to a POSTPONED trial until ∆ regains competency

4
Q

Is voluntary intoxication ever a defense to criminal activity? NOTE: NY Distinction

A

Can be a defense to specific intent crimes ONLY

NO defense for: (i) malice; (ii) general intent; OR (iii) strict liability crimes

NOTE: Voluntary intoxication can NEVER be a defense IF the requisite intent was formed BEFORE THE INTOXICATION (i.e. to be a defense, must be drunk FIRST)

NY DISTINCTION: CAN be a defense to intent crimes and knowledge crimes, IF intoxication kept ∆ from forming the req’d state of mind CANNOT be a defense to crimes of (i) recklessness; (ii) negligence; OR (iii) strict liability

5
Q

When isinfancy a defense to criminal conduct? NOTE: NY Distinction

A

“Rule of Sevens”

1) If, at the time of crime, the ∆’s age < 7, prosecution is NOT allowed
2) If, at the time of crime, the ∆’s age is < 14, there is a rebuttable presumption against prosecution
3) If, at the time of crime, the ∆’s age is 14 or older, prosecution IS ALLOWED

NY DISTINCTION:

1) If the ∆ is under 13: Criminal prosecution as an adult is NOT allowed (only juvenile delinquency proceedings)
2) If ∆ is 13: Criminal prosecution as as adult is allowed for 2d degree murder ONLY
3) If the ∆ is 14 or 15: Criminal prosecution as adult allowed for serious crimes against persons or property
4) If the ∆ is 16 or older: Criminal prosecution as an adult allowed for ANY crime

6
Q

When is mistake of fact a defense to criminal conduct? NOTE: NY Distinction

A

1) Specific intent crimes: ANY mistake of fact (even an unreasonable one) IS a defense
2) Malice/general intent crimes: ONLY a reasonable mistake of fact provides a defense
3) Strict liability crimes: mistake of fact will NEVER be a defense

NY DISTINCTION: a mistake of fact will be a defense IF the mistake negates the req’d mental state, THUS…

1) Crimes of intent, knowlege or recklessness: ANY mistake of fact (even an unreasonable one) is a defense
2) Crimes of negligence: ONLY a reasonable mistake of fact is a defense
3) Strict liability crimes: mistake of fact is NEVER a defense

7
Q

When is mistake of law a defense to criminal conduct?

A

Rule = mistake of law is generally NOT a defense

EXCEPTION: if the statute specifically makes knoweldge of the law an element of the crime

8
Q

When may a ∆ use nondeadly force in self-defense?

A

A ∆ may use non-deadly force, IF it is: 1) reasonably necessary 2) to protect against an immediate use; 3) of unlawful force against himself

9
Q

When may a ∆ use DEADLY force in self-defense? NOTE: NY Distinction

A

A ∆ may use deadly force, IF he is facing an imminent threat of:

(i) death; OR
(ii) serious bodily injury

…BUT…

1) The “Initial Aggressor”Rule: a ∆ may NOT use deadly force if he is the intitial aggressor (i.e. he started the fight) EXCEPTION: the initial aggressor can “regain” his right to use deadly force IF: (i) he withdraws from the fight and communicates the withdrawal to the other person; OR (ii) the victim suddenly escalates a nondeadly fight into a deadly one
NY DISTINCTION: in NY, the initial aggressor must withdraw before using deadly force, EVEN IF the other party suddenly escalates a nondeadly fight into a deadly fight

2) The Retreat Rule: majority rule is that ∆ retreat is NOT required before using deadly force in self-defense
NY DISTINCTION: ∆ must retreat, UNLESS (i) ∆ cannot retreat in complete safety; OR (ii) ∆ is in his home

10
Q

What happens if ∆ is mistaken abt the need to use unlawful force in self-defense? NOTE: NY Distinction

A

Depends…

1) Reasonable mistake is a COMPLETE defense
2) Unreasonable mistake Majority/NEW YORK rule: no defense at ALL Minority/MPC rule: will MITIGATE (to manslaughter) but not exonerate

11
Q

When can force be used to prevent a crime OR in defense of others?

A

Depends…

Re: preventing crime

1) Non-deadly force may be used, if reasonably necessary, to prevent any serious breach of the peace
2) Deadly force may be usedONLY to prevent a FELONY risking human life

Re: defense of others
A ∆ may use force and deadly force to protect others JUST AS THE SAME as he could use it to defend himself

12
Q

When can deadly force be used in defense of property?

A

General rule: deadly force may NOT be used to defend property

EXCEPTION: an OCCUPANT may use deadly force inside her DWELLING when:
(i) an intruder has gained entry in a tumultuous manner; AND (ii) the occupant reasonably believes that the use of deadly force is NECESSARY to prevent a personal attack on herself or someone else in the dwelling

13
Q

When can non-deadly force be used to resist arrest? NOTE: NY Distinction

A

If a ∆ knows or reasonably should know that the person performing the arrest is a police officer the ∆ may use non-deadly force to resist, IF the arrest is unlawful

NY DISTINCTION: force may NOT be used to resist an arrest–EVEN an unlawful one–UNLESS the arresting officer uses excessive force

14
Q

When can a police officer use deadly force? NOTE: NY Distinction

A

An officer may use deadly force ONLY WHEN doing so is reasonable under the circumstances

NY DISTINCTION: Deadly force is reasonable ONLY WHEN (i) the felon threatens death or serious bodily harm;AND (ii) deadly force is necessary to prevent his ESCAPE

15
Q

When is necessity (“choice of evils”) a defense to criminal conduct?

A

Rule = necessity IS a defense IF the ∆ reasonably believes that the conduct was necessary to prevent a GREATER harm

LTDS:The necessity defense is UNAVAILABLE IF:

1) the ∆ causes the death of another person to protect property; OR
2) the ∆ is at fault in creating a situation that creates a choice of evils

16
Q

When is duress a defense to criminal conduct? NOTE: NY Distinction

A

Rule = duress is a defense IF the ∆ was coerced to commit a crime b/c of a threat, from another person, of imminent deathOR serious bodily injury to himself or a close family member

LTD: duress CANNOT be a defense to HOMICIDE NY DISTINCTION: duress CAN be an affirmative defense to homicide

17
Q

When is entrapment a defense to criminal conduct?

A

VERY NARROW DEFENSE!! Available to a ∆ ONLY IF: 1) the criminal design ORIGINATED w/ the gov’t; AND 2) the ∆ was not PREDISPOSED to commit the crime

18
Q

What is the M’Naghten Test?

A

Majority test for insanity. ∆must prove that bc of mental disease or defect he either (i) did not know that his conduct was wrong or (ii) did not understand the nature of his conduct.

19
Q

What is the MPC insanity test?

A

∆ must establish that he lacked the SUBSTANTIAL CAPACITY to either: (i) appreciate the criminality of his conduct (cognitive) or (ii) conform his conduct to the requirements of law (volitional).

20
Q

What is the NY insanity test?

A

∆must prove he lacked sub. capacity to know or appreciate either (i) the nature and consequences of his conduct, or (ii) his conduct was wrong.

Notice: ∆must notify the prosecutor of his intention to raise the insanity defense w/in 30 days of not guilty plea