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Criminal Law > Defenses > Flashcards

Flashcards in Defenses Deck (18):
1

Insanity 

  1. M'Naghten Test 
  2. Irresistable Impulse Test 
  3. Model Penal Code Test 
  4. Durham Test 

2

M'Naghten Test 

  1. ▵ relieved of criminal responsibility if 
  2. at time of conduct 
  3. ▵ suffered from mental disease   and 
  4. ▵ unable to know the nature/quality of his act or that what he was doing was wrong

3

Irresistible Impulse Test 

  1. ▵ not guilty if 
  2. at time of conduct 
  3. as result of mental disease or defect 
  4. ▵ lacked capacity for self-control and free choice 
  5. therefore, was unable to conform conduct to the law 

4

Model Penal Code Test 

  1. At time of conduct
  2. as a result of mental disease or defect
  3. ▵ lacked substantial capacity to appreciate wrongfulness of act or 
  4. conform conduct to law 

5

Durham Test 

▵ acts were product of mental disease or defect (‘but for” test) 

6

Involuntary Intoxication 

(GI, SI, malice) 

Taken without knowledge of the intoxicating nature or under duress 

7

Voluntary Intoxication 

(SI if it prevents required intent) 

Intentional taking of known intoxicating substance 

8

Reasonable Mistake of Fact 

Considers ▵’s phys. char., experience, & knowledge 

9

Unreasonable Mistake of Fact 

Only SI Crimes 

10

Self Defense Elements 

  1. One who is not the aggressor 
  2. can use reas. force 
  • Deadly force - only if reas. nec. to prevent death/serious bodily harm or serious felony 
  1. against another person 
  2. to prevent immediate unlawful harm to himself 

11

Self Defense - Duty to Retreat 

  1. Majority - no duty b/f using non-deadly force, deadly force in home, or deadly force elsewhere 
  2. Minority - Retreat required if can do so safely, no duty to use deadly force in home

12

Defense of Others 

right to defend others under same circ. self def. would be ok 

13

Defense of Property 

  1. ▵ reas. believes real prop. is in immed. danger of unlawful trespass or 
  2. personal prop. in immed. danger of being carried away 
  3. ▵ can take reas. steps to protect property, including non-deadly force 
  4. Can use deadly force to prevent forcible felony in dwelling 

14

Arrest 

  1. Police can use reas. force to make arrest 
  • Deadly force - of suspect is threat to officer or 3d parties 
  1. Resisting Unlawful Arrest 
  • ▵ can use non- deadly force 
  • Deadly - never ok 

15

Duress 

(Not defense to intentional murder) 

  1. 3d party unlawful threat 
  2. caused ▵ to reas. believe death/harm to himself or another could only be avoided by violating the law 

16

Necessity 

  1. Nat’l force of nature 
  2. caused ▵ to commit what otherwise would be a crime 
  3. ▵ didn’t set the nat’l force in motion and 
  4. there was no noncriminal alternative 

17

Consent 

  1. Consent negates req. element of crime, or 
  2. Precludes harm sought to be avoided by crime 
  3. Voluntary 
  4. Doesn’t involve fraud 
  5. Person giving consent is competent to do so 

18

Entrapment 

  1. Criminal offense planned & induced by police/gov’t agent 
  2. ▵ was not predisposed to commit crime