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Flashcards in Defenses Deck (18):


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


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


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 


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 


Durham Test 

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


Involuntary Intoxication 

(GI, SI, malice) 

Taken without knowledge of the intoxicating nature or under duress 


Voluntary Intoxication 

(SI if it prevents required intent) 

Intentional taking of known intoxicating substance 


Reasonable Mistake of Fact 

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


Unreasonable Mistake of Fact 

Only SI Crimes 


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 


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


Defense of Others 

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


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 



  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 



(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 



  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 



  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 



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