Defenses to crimes Flashcards
(19 cards)
Insanity (M’gnaten)
1) mental disease
2) cannot appreciate nature and quality of actions
3) cannot understand what you are doing is wrong
MPC INSANITY
d lacked substantial capacity to appreciate criminal conduct
proof for insanity is
clear and convincing evidence
Voluntary intox.
defense to specific intent crimes
what are specific intent crimes?
all crimes exceot five
what are five general intent crimes
rape, kidnapping, manslughter, battery, arson
involuntary intoxication
defense to all crimes
mistake
question will say mistake
mistake- specific intent
reasonable and unreasonable mistakes are a defense
mistake- general intent crimes
reasonable mistake is only a defense
legal impossibility
always a defense; elements of crime are legally not met
examples of legal impossibility
burning down your own home cannot be common law arson
pointing a gun and pulling trigger, but it has no bullets
factual impossibility
never a defense; elements of crime were met
entrapment
1) law enforcement creates criminal activity
2) d not predisposed to commit crime
durress
reasonable belief of threat of great bodily harm
is duress a defense to murder?
no
self-defense
1) reasonable belief of imminent danger or bodily harm
2) return same level of force
3) deadly force allowed for deadly force
defense of others
1) reasonable belief a third party is in imminent danger
2) return the same level of force
defense of property
1) reasonable force to defend property
2) never deadly force unless fear of being killed