Defenses Flashcards
(16 cards)
M’Naghten Rule (Insanity)
D lacked the ability to know wrongfulness of actions
Under this rule, a defendant is entitled to acquittal if:
(1) a disease of the mind; (2) caused a defect of reason; (3) such that the defendant lacked the ability at the time of their actions to either know the wrongfulness of their actions or understand the nature and quality of their actions. Delusions, belief that one’s actions are morally right, or loss of control because of mental illness are not defenses unless this test is met.
Irresistible Impulse Test (Insanity)
D lacked capacity for self-control
Under this test, a defendant is entitled to acquittal only if, because of a mental illness, they were unable to control their actions or conform their conduct to the law.
Durham Rule (Products Test) (Insanity)
Only 1 state has adopted this rule
Product of mental illness
Under this test, a defendant is entitled to acquittal if the crime was the product of their mental illness (that is, the crime would not have been committed but for the disease). The Durham test is broader than either the M’Naghten test or the irresistible impulse test. It is followed only in New Hampshire.
Model Penal Code Test (Insanity)
D lacked ability to appreciate criminality of conduct or conform to requirements of law
Under the M.P.C. test (which represents the “modern trend”), a defendant is entitled to acquittal if they had a mental disease or defect, and, as a result, they lacked the substantial capacity to either: (1) appreciate the criminality of their conduct; or (2) conform their conduct to the requirements of law.
Voluntary Intoxication
Self-induced intoxication
* Defense only to specific intent crimes
Involuntary Intoxication
Unknowingly being intoxicated or becoming intoxicated under duress
* A form of insanity = Can be defense to all crimes
Self-Defense (Nondeadly Force)
Victim may use nondeadly self-defense any time victim reasonably believes force is about to be used on them
Self-Defense (Deadly Force)
Majority Rule: Victim may use deadly force in self-defense any time victim reasonably believes deadly force is about to be used on them
A person may use deadly force in self-defense if the person (1) is without fault; (2) is confronted with “unlawful force”; and (3) reasonably believes that they are threatened with imminent death or great bodily harm.
Retreat: Generally, there is no duty to retreat before using deadly force. The minority view requires retreat before using deadly force if the victim can safely do so, unless:
* The attack occurs in the victim’s own home
* The attack occurs while the victim is making a lawful arrest; or
* The assailant is in the process of robbing the victim
Right of Aggressor to Use Self-Defense
Original Aggressor must:
* Withdraw; and
* Communicate the withdraw; OR
* The victim of the initial aggression suddenly escalates the minor fight into a deadly altercation and the initial aggressor has no chance to withdraw
Defense of Others
Right to defend others if D believes person has right to use force in own defense
* Majority Rule: Need not be a special relationship between D and person he acted for
* Minority Rule: Need familial relationship
Defense of a Dwelling
Deadly force may never be used solely to defend property
Duress
Defense to criminal act if:
1. Person acts under threat of imminent infliction of death or great bodily harm; AND
2. Belief is reasonable
- Threats to harm a third person may also suffice
- Defense to all crimes, except Homicide
Necessity
Conduct that would otherwise be criminal, is justifiable if D reasonably believes his conduct was necessary to avoid a greater societal harm
* Common Law: Had to be natural forces (Not often tested) (not true in modern jurisdictions)
Mistake of Fact*
Defense only when mistake negates intention
* Reasonable Mistake = Defense to a malice or general intent crime
* Any Mistake = Defense to a Specific Intent crime
* Never a defense to strict liability crimes
Mistake or Ignorance of Law
Not a defense to any crime
Entrapment
Valid defense only if:
1. Criminal design originated with law enforcement; AND
2. D not predisposed to commit crime
