General Principles

Question 1

INSANITY –

McNaughten

Answer 1

a mental disease which makes the D unable to appreciate the (a) nature and
quality of what they’re doing so that (b) they don’t know what they’re doing is a crime/wrong.
–once in a while you’ll have an answer that has “nature and quality of what you’re doing is wrong”

Question 2

MPC for Insanity

Answer 2

lacks substantial capacity to appreciate the conduct – look for buzz words
substantial capacity

Question 3

Intoxication - 2 types

Answer 3

voluntary intox
involuntary intox

–which one you use depends on whether it’s a general or specific intent crime

Question 4

Voluntary intoxication

Answer 4

will be a defense to a specific intent crime; it negates the intent

Question 5

Involuntary intox

Answer 5

someone slipped something in

will be a defense against ALL crimes

Question 6

MISTAKE - ask yourself

Answer 6

is it being raised for a specific intent or general intent crime?

Question 7

Mistake – specific intent crime

Answer 7

then mistake can be reasonable or unreasonable, it doesn’t matter. So any kind of mistake will be a
defense bc it negates intent.

Question 8

Mistake – general intent crime

Answer 8

If it’s a general intent crime, my mistake has to be reasonable. how will you know it’s
reasonable? they will tell you. BARRKK (rape, kidnap, battery)

Question 9

Impossibility - 2 types

Answer 9

legal and factual

Question 10

Legal imposs:

Answer 10

will always be a defense bc it basically means that the crime didn’t happen;
because one of the elements were not met ———-DEFENSE

Question 11

Factual imposs

Answer 11

NOT a defense because no matter what happens or what I wanted to happen,
even if I say something was factually impossible, BECAUSE the elements in the crime were still
committed

Question 12

-burn my own house down to get insurance money – guilty for arson?

Answer 12

no, legal impossibility; because it has to be a

dwelling of another

Question 13

guy goes to bar and he meets a girl, she says shes 16, license says 16, they end up having sex,
and she’s really 21 , age of majority is 18 – did he commit rape?

Answer 13

nope, that’s legal impossibility,

it’s always a defense

Question 14

-im gonna kill marino and I take my gun and go to his house – put the gun in his face and
squeeze the trigger and with my luck I forgot the bullets – charged for attempted murder

Answer 14

• yes,

guilty for attempted murder; it’s factually impossible, but it’s not a defnese

Question 15

• girl is actually 16 but says she’s 21, guy is charged with statutory rape, what’s he gonna say?

Answer 15

factual imposs is NOT gonna be a defense; so he actually committed the crime

Question 16

ENTRAPMENT

Answer 16

law enforcement (cops) starts or creates a criminal activity and the D is NOT
PREDISPOSED (knowledge, training, experience etc) to commit the crime. *predisposed is a
good word.

how will I know i’m predisposed? they’ll tell you; if they don’t tell me, I look for an answer that says
“jon was not/was predisposed…”

Question 17

Duress

Answer 17

When D reas. believes I’m under threat of great bodily harm or death

Question 18

When can DURESS NEVER BE USED as a defense?

Answer 18

can NEVER be used as a defnese to MURDER; if you shoot someone even if someone
has a gun to your head

Question 19

Self-defense

Answer 19

if there is a reas belief of imminent danger of bodily harm; same force applied

Question 20

DEADLY force

Answer 20

can only use deadly force on you if you were using deadly force on me

Question 21

DEFENSE of others

Answer 21

reaso. belief they are under threat, only with safe force; deadly force not
allowed unless that’s what is applied

Question 22

Defense of prop

Answer 22

REAS force allowed to defend prop; no duty to retreat on prop

Question 23

Gen approach to defenses

Answer 23

DONT APPLY A DEFENSE WHEN THEY DON’T ASK FOR IT OR TALK ABOUT IT