Defenses to crimes Flashcards

(19 cards)

1
Q

Insanity (M’gnaten)

A

1) mental disease
2) cannot appreciate nature and quality of actions
3) cannot understand what you are doing is wrong

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2
Q

MPC INSANITY

A

d lacked substantial capacity to appreciate criminal conduct

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3
Q

proof for insanity is

A

clear and convincing evidence

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4
Q

Voluntary intox.

A

defense to specific intent crimes

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5
Q

what are specific intent crimes?

A

all crimes exceot five

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6
Q

what are five general intent crimes

A

rape, kidnapping, manslughter, battery, arson

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7
Q

involuntary intoxication

A

defense to all crimes

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8
Q

mistake

A

question will say mistake

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9
Q

mistake- specific intent

A

reasonable and unreasonable mistakes are a defense

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10
Q

mistake- general intent crimes

A

reasonable mistake is only a defense

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11
Q

legal impossibility

A

always a defense; elements of crime are legally not met

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12
Q

examples of legal impossibility

A

burning down your own home cannot be common law arson

pointing a gun and pulling trigger, but it has no bullets

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13
Q

factual impossibility

A

never a defense; elements of crime were met

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14
Q

entrapment

A

1) law enforcement creates criminal activity

2) d not predisposed to commit crime

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15
Q

durress

A

reasonable belief of threat of great bodily harm

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16
Q

is duress a defense to murder?

17
Q

self-defense

A

1) reasonable belief of imminent danger or bodily harm

2) return same level of force

3) deadly force allowed for deadly force

18
Q

defense of others

A

1) reasonable belief a third party is in imminent danger
2) return the same level of force

19
Q

defense of property

A

1) reasonable force to defend property
2) never deadly force unless fear of being killed