Criminal Defenses Flashcards
What are the 6 defenses to criminal acts?
Capacity Defenses 1) Insanity 2) Voluntary Intoxication 3) Infancy Other Defenses 4) Mistake 5) Self-defense (Justification) 6) Necessity (“Choice of Evils”) 7) Duress 6) Entrapment
What are the 4 ways to establish insanity as a criminal defense? NOTE: NY Distinction
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 capicity 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
What is the difference b/t insanity and incompetency?
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
Is voluntary intoxication ever a defense to criminal activity? NOTE: NY Distinction
Can be a defense to specific intent crimes ONLY NO defense for: (i) malice; (ii) general intent; OR (iii) strict liability crimes
Requires SEVERE drunkeness so that ∆ CANNOT form the requisite intent 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
When isinfancy a defense to criminal conduct? NOTE: NY Distinction
“Rule of Sevens” 1) If, at the time of crime, the ∆’s age , prosecution is NOT allowed 2) If, at the time of crime, the ∆’s age is , 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
When is mistake of fact a defense to criminal conduct? NOTE: NY Distinction
For… 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
When is mistake of law a defense to criminal conduct?
Rule = mistake of law is generally NOT a defense EXCEPTION: if the statute specifically makes knoweldge of the law an element of the crime (e.g. “selling a phony Rolex, knowing it is unlawful to do so”)
When may a ∆ use nondeadly force in self-defense?
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
When may a ∆ use DEADLY force in self-defense? NOTE: NY Distinction
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
What happens if ∆ is mistaken abt the need to use unlawful force in self-defense? NOTE: NY Distinction
Depends… 1) Reasonable mistake is a COMPLETE defense 2) Unreasonable mistake Majority/NEW YORK rule: no defense at ALL
Minority/MPC rule: will MITIGATE but not exonerate An unreasonable belief in need to use deadly force in self-defense will mitigate MURDER to voluntary manslaughter
When can force be used to prevent a crime OR in defense of others?
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
When can deadly force be used in defense of property?
General rule: deadly force may NOT be used to defend property EXCEPTION: an OCCUPANT may use deadly force inside her DWELLING when: an intruder has gained entry in a tumultuous manner; AND
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
When can non-deadly force be used to resist arrest? NOTE: NY Distinction
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
When can a police officer use deadly force? NOTE: NY Distinction
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
When is necessity (“choice of evils”) a defense to criminal conduct?
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
