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Flashcards in General Principles Deck (23):
1

INSANITY --
McNaughten

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"

2

MPC for Insanity

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

3

Intoxication - 2 types

voluntary intox
involuntary intox

--which one you use depends on whether it's a general or specific intent crime

4

Voluntary intoxication

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

5

Involuntary intox

someone slipped something in

will be a defense against ALL crimes

6

MISTAKE - ask yourself

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

7

Mistake -- specific intent crime

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

8

Mistake -- general intent crime

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)

9

Impossibility - 2 types

legal and factual

10

Legal imposs:

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

11

Factual imposs

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

12

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

no, legal impossibility; because it has to be a
dwelling of another

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?

nope, that's legal impossibility,
it's always a defense

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

- yes,
guilty for attempted murder; it's factually impossible, but it's not a defnese

15

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

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

16

ENTRAPMENT

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..."

17

Duress

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

18

When can DURESS NEVER BE USED as a defense?

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

19

Self-defense

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

20

DEADLY force

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

21

DEFENSE of others

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

22

Defense of prop

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

23

Gen approach to defenses

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