Defenses

Question 1

infancy

Answer 1

if defendant less than 10 years old

Question 2

insanity

Answer 2

(1) defendant incapable of distinguishing between right and wrong
(2) because of mental disease or defect

Question 3

intoxication

Answer 3

defense if involuntary BUT ONLY if the intoxicant was a direct cause of the crime.

if voluntary, is a defense only if it precluded specific intent or special knowledge element of crime

Question 4

mistake of fact

Answer 4

(1) a reasonable
(2) mistake of fact
(3) that precludes mental element is a defense

Question 5

hypo: man wakes up in an apartment, hears rustling, gets gun, shoots into dark shouting die alligator, kills human

Answer 5

mistake, but not reasonable to think alligator in kitchen. so, not valid mistake

Question 6

mistake of law

Answer 6

ignorance of law is no defense

Question 7

duress

Answer 7

(1) threat of death or great bodily harm to defendant
(2) defendant reasonably believed person is present and harm is imminent
(3) not a defense to murder

Question 8

self-defense justifiable homicide

Answer 8

if

(1) defendant is in imminent danger of death or great bodily harm
(2) and killing necessary to save self
(3) aggressor cannot claim self -defense unless prior withdrawal

Question 9

prevent felony justifiable homicide

Answer 9

(1) force used to prevent violent or forcible felony involving GBH
(2) D had reasonable belief offense imminent
(3) and that force w as necessary to prevent felony

Question 10

hypo: shoot the burglar

Answer 10

(1) D used force against person in dwelling, business or car
(2) when person was committing burglary or robbery
(3) when person was reasonably likely to usu unlawful force against an occupant

Question 11

hypo: shoot the intruduer

Answer 11

(1) D used force against person unlawfully in OR attempting to get into dwelling, business, or car
(2) D was lawfully inside
(3) and D reasonably believed deadly force necessary to prevent entry or compel intruder to leave

** presumption if D was lawfully inside, that belief in necessity to prevent entry is presumed

Question 12

use of nonlethal force

Answer 12

if D used force to prevent forcible offense or trespass against prop in a person’s lawful possession

(2) force reasonable and apparently necessary to prevent offense
(3) D lawfully in dwelling while person attempting entry and D believes necessary to prevent entry or compel to leave

Question 13

defense of others

Answer 13

use of force OK if person attacked could use same means