Defenses Flashcards
(11 cards)
A person who reasonably believes himself to be threatened with immediate bodily harm may use whatever degree of force is apparently necessary to protect himself
Self-Defense
A person who reasonably believes another to be threatened
with immediate bodily harm may use whatever degree of force is apparently necessary to protect the personal safety of the other person
Defense of Others
A person may use reasonable force that is not likely to cause
death or serious bodily harm to protect his or her possession of real or personal property against an apparent trespasser
Defense of Property
A person, whether a police officer or private person, may use reasonable force to prevent the commission of a crime which is apparently being attempted in his or her presence
Defense of Prevention of a Crime
A person may commit an otherwise criminal act if it is done under legal process or is otherwise authorized by law
Defense of Privilege of Public Authority
A mistake of fact will disprove a criminal charge if it is
honestly entertained, based upon reasonable grounds and is of such a nature that the conduct would have been lawful had the facts been as they were supposed to be
Defense of Mistake of Fact
not a valid defense to a crime except in those rare instances where it negates an essential element of the crime. Therefore, the old saying “ignorance of the law is no excuse” is appropriate as a
general rule
Defense of Mistake of Law
A person may not be convicted of a crime if a law
enforcement officer (or an agent of an officer) solicited, induced or encouraged the person to commit the crime and if the person would not otherwise have committed it.
Defense of Entrapment
Under the defense of unconsciousness, a person who is unconscious, for instance, someone who is sleep walking, does not have the capacity to commit a crime
Defense of Unconsciousness
Under the defense of infancy, a child under the age of 7 does
not have the capacity to commit a crime, there is a rebuttable presumption that a child aged 7 to 14 does not have the capacity to commit a crime, and a child over the age of 14 has the same capacity to commit a crime that an adult has.
Defense of Infancy
(1) Involuntary Intoxication - Under the defense of
involuntary intoxication, if a person is unintentionally intoxicated on alcohol or drugs as a result of force, fraud, medical prescription, reasonable mistake, allergic reaction, or the like, then his or her actions are excused to the same extent as they would be if those actions were the result of a mental disorder.
(2) Voluntary Intoxication - Under the defense of voluntary intoxication, a defendant who is intentionally intoxicated will be excused for his or her actions only if the intoxication
has developed into a permanent mental disorder. However, voluntary intoxication may mitigate the degree or severity of the crime or charge if, due to the intoxication, the requisite criminal intent is lacking.
Defense of Intoxication
