Defenses

Question 1

What is voluntary intoxication?

Answer 1

Intentional ingestion of an intoxicating substance without duress, known to be intoxicating to the person ingesting it

This definition emphasizes the voluntary aspect and the knowledge of the intoxicating effects.

Question 2

What type of crimes can voluntary intoxication be a valid defense for?

Answer 2

Specific intent crimes

This includes crimes where the defendant’s intention is crucial to the charge.

Question 3

True or False: Voluntary intoxication applies to general intent crimes.

Answer 3

False

Voluntary intoxication does not apply to general intent, malice, or strict liability crimes.

Question 4

What is the specific intent required for solicitation?

Answer 4

Intent to have the person solicited commit the crime

This highlights the focus on the intent to induce another to commit a crime.

Question 5

What is the specific intent required for attempt?

Answer 5

Intent to complete the crime

This indicates that the individual must have the intention to finish the criminal act.

Question 6

What is the specific intent required for conspiracy?

Answer 6

Intent to have the crime completed

This means planning with others to commit a crime.

Question 7

What is the specific intent required for first degree murder?

Answer 7

Premeditated intent to kill

This indicates that the act was planned ahead of time.

Question 8

What is the specific intent required for assault?

Answer 8

Intent to commit a battery

This shows the intention to cause harmful or offensive contact.

Question 9

What is the specific intent required for larceny and robbery?

Answer 9

Intent to permanently deprive another of his interest in the property taken

This focuses on the intention to steal with permanence.

Question 10

What is the specific intent required for burglary?

Answer 10

Intent to commit a felony in the dwelling

This emphasizes the intention to commit a crime once inside a property.

Question 11

What is the specific intent required for forgery?

Answer 11

Intent to defraud

This indicates the aim to deceive for financial or personal gain.

Question 12

What is the specific intent required for false pretenses?

Answer 12

Intent to defraud

This refers to the intention to misrepresent facts to obtain something of value.

Question 13

What is the specific intent required for embezzlement?

Answer 13

Intent to defraud

This highlights the intention to wrongfully take or misappropriate funds entrusted to one’s care.

Question 14

What is involuntary intoxication?

Answer 14

Ingestion of an intoxicating substance under duress or without knowledge of its intoxicating effects

This form of intoxication is not voluntary and can serve as a defense.

Question 15

True or False: Involuntary intoxication is a valid defense to all crimes.

Answer 15

True

Involuntary intoxication can negate an element of any crime.

Question 16

What is the ‘Lesser Evil’ Defense?

Answer 16

A justification for violating a criminal law under certain conditions.

Question 17

What belief must a person hold to invoke the necessity defense?

Answer 17

He reasonably believes that he is faced with a clear and imminent danger.

Question 18

What expectation must a person have regarding their actions in the necessity defense?

Answer 18

He reasonably expects that his action will be effective in abating the danger.

Question 19

What condition must exist regarding legal options to invoke the necessity defense?

Answer 19

There is no effective legal way to abate the danger or avert the harm.

Question 20

What must be true about the foreseeable harm when using the necessity defense?

Answer 20

The reasonably foreseeable harm caused by violating the law is less serious than the harm sought to avoid.

Question 21

What must lawmakers not have done regarding the necessity defense?

Answer 21

Lawmakers have not already anticipated the choice and determined balance of the competing values in conflict with the defendant’s choice.

Question 22

What does it mean to come to the situation with ‘clean hands’?

Answer 22

He has not engaged in wrongful conduct related to the situation.

Question 23

What common limitation exists for the necessity defense at common law?

Answer 23

It is limited to emergencies created by natural forces.

Question 24

What type of harms does some jurisdictions limit the necessity defense to?

Answer 24

Physical harms, such as protection of persons and property.

Question 25

Does the necessity defense apply to homicide cases at common law?

Answer 25

No, it does not apply to homicide cases.

Question 26

What case established the common law limitation on the necessity defense in homicide?

Answer 26

Regina v. Dudley and Stephens, 14 Q.B.D. 273 (1884).

Question 27

What is one key difference in the Model Penal Code regarding the necessity defense?

Answer 27

It allows the defense in emergencies created by human forces and in homicide cases.

Question 28

Fill in the blank: Under the Model Penal Code, the necessity defense is not limited to _______.

Answer 28

[emergencies created by natural forces]

Question 29

True or False: The necessity defense can be used to protect economic interests.

Answer 29

False

Question 30

What is the legal definition of duress?

Answer 30

A defendant is entitled to acquittal for any offense (except murder) if certain conditions are met

Question 31

What must the threat involve for a duress defense to be valid?

Answer 31

Another person threatened to kill or grievously injure the defendant or a third party

Question 32

What is required regarding the defendant's belief about the threat?

Answer 32

The defendant reasonably believed that the threat was genuine

Question 33

What must be true about the timing of the threat?

Answer 33

The threat was 'present, imminent, and impending' at the time of the criminal act

Question 34

What must the defendant show about escape from the threat?

Answer 34

There was no reasonable escape from the threat except through compliance with the demands of the coercer

Question 35

What must be true about the defendant's involvement with the threat?

Answer 35

The defendant was not at fault in exposing himself to the threat

Question 36

Under the Model Penal Code, what type of threats can be sufficient for a duress defense?

Answer 36

Threats to property can be sufficient if the value of the property outweighs the harm done to society by commission of the crime

Question 37

What is nondeadly force?

Answer 37

A person without fault may use nondeadly force in self-defense if she is confronted with unlawful force and reasonably believes it is necessary to protect herself from the imminent use of unlawful force upon herself. ## Footnote Nondeadly force refers to physical force that is not intended to cause serious injury or death.

Question 38

Under what conditions can a person use deadly force in self-defense?

Answer 38

A person without fault may use deadly force in self-defense if she is confronted with unlawful force and reasonably believes that she is threatened with imminent death or great bodily harm. ## Footnote Deadly force is intended to cause serious injury or death.

Question 39

What is the duty to retreat?

Answer 39

In a minority of jurisdictions, a person must 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 * The assailant is in the process of robbing the victim ## Footnote The duty to retreat is a legal principle that requires individuals to avoid using deadly force if they can safely escape.

Question 40

What is imperfect self-defense?

Answer 40

Imperfect self-defense can reduce a murder charge to voluntary manslaughter if the defendant kills another based on an honest but unreasonable belief that the use of deadly force was necessary to prevent death or serious bodily harm. ## Footnote This principle acknowledges the subjective nature of self-defense beliefs.

Question 41

Can a defendant defend others with force?

Answer 41

A defendant may defend others with force if he reasonably believes that the person assisted has the legal right to use force in her own defense. ## Footnote Some courts allow imperfect self-defense to be applied to situations where the defendant was defending another person.

Question 42

In a retreat district, when does the obligation to retreat apply?

Answer 42

Only when D intends to use deadly force to defend himself