Defenses

Question 1

Justification defenses establish

Answer 1

that what is normally unlawful was not unlawful under the particular facts of the case, and thereby nullifies the “reus” of crime. Justifications include self-defense, defense of others, defense of property, and necessity.

Question 2

All justification defenses turn on one ultimate question

Answer 2

Was it truly necessary for the defendant to take the law into her own hands and commit an act that is normally unlawful?

Question 3

Excuse Defenses ask for

Answer 3

“forgives” the defendant for committing an unjustified crime because of some disturbance of the defendant’s mental process, and thereby nullifies the culpability for the crime.

Question 4

Insanity Tests

4

Answer 4

1. M’Naghten Test
2. Irresistible impulse test
3. Model Penal Code Test
4. Durham/NH Rule

Question 5

M’Naghten Test

Answer 5

Cognitive Test

Under this test, a defendant is relieved of criminal responsibility upon proof that at the time of commission of the act:
1. suffered from a severe mental disease or defect; and,
2. as a result he was unable to know
Nature and quality of his act or what he was doing was wrong

Question 6

The irresistible impulse test

Answer 6

Defendant will be found not guilty where, as the result of a severe mental disease or defect, he is incapable of controlling his impulse to commit a crime

Question 7

Model Penal Code Test for insanity

Answer 7

1. ∆ lacked the substantial capacity as a result he was unable to know Nature and quality of his act or what he was doing was wrong

0r

he is incapable of controlling his impulse to commit a crime

Question 8

the Durham (or New Hampshire) Rule test for insanity

Answer 8

A defendant is not criminally responsible if his acts were the product of mental disease or defect

Question 9

Involuntary intoxication as a defense

Answer 9

Involuntary intoxication (whether brought about by alcohol or by narcotic drugs): is a defense to any crime requiring proof of general or specific intent so long as it negates mens rea

Question 10

voluntary intoxication as a defense

Answer 10

may reduce a defendant’s level of culpability by negating a requisite specific intent element, like intent to steal or premeditation and deliberation.

Question 11

The defense of duress excuses criminal conduct where the defendant

Answer 11

reasonably believes that the only way to avoid unlawful threats of great bodily harm or imminent death is to engage in unlawful conduct

Question 12

What is duress not an offense to?

Answer 12

Murder; unless, raised as a defense to the underlying felony in felony murder

Question 13

Self-Defense is a

Answer 13

An honest and reasonable judgment that it is necessary to use force to defend against an unlawful, imminent threat of bodily harm:

Question 14

Self-defense available when

3

Answer 14

Subject to an unlawful threat
In an imminent danger
Uses proportional force

Question 15

When can self-defense not be claimed

Answer 15

when you are the first aggressor

Question 16

When can a first aggressor regain the right to self defense

2

Answer 16

only when they have a complete withdrawal seen by the first victim
or
first victim responds with excessive force

Question 17

When does the retreat rule

Answer 17

Not default, when required by statute

Question 18

When retreat rule in effect, when does it not apply

Answer 18

1. When ∆in own home, office, or car; or,

2. Retreat is not fesible

Question 19

Defense of third parties is justified when

Answer 19

necessary to defend a third person who is facing an unlawful imminent threat of bodily harm

Question 20

The majority rule for Defense of third parties? Minority?

Answer 20

Did the defendant make a reasonable judgment that the person protected was the victim of unlawful violence?

The defendant “steps into the shoes” of the person protected–>imputes knowledge, if first aggressor, then cannot use self defense

Question 21

Defense of property allowed

Answer 21

Reasonable non-deadly force is justified in defending one’s property from theft, destruction, or trespass where:
(1) ∆ has a reasonable belief property is in imminent danger

(2) No > force than necessary is used

≠ deadly force

Question 22

Necessity is a general defense that justifies the commission of what is normally a crime when
(3)

Answer 22

(1) It is necessary to avoid an immediate threat of greater harm to persons or property.
(2) There is no reasonable alternative to breaking the law to avoid the greater harm.
(3) D is not responsible for causing the harm.

Question 23

Necessity as a defense

Common law v. MPC

Answer 23

Common law ≠ defense to murder

MPC = defense to murder

Question 24

When is mistake of law a valid defense?

Answer 24

When ∆relies in good faith on an official statement of law in

1. administrative order
2. official interpretation by a public officer or department