Initial Outline - Defenses

Question 1

When is mistake of fact a defense to crime?

Answer 1

If mistake was a reasonable one given D’s physical characteristics, experiences, and knowledge

Question 2

What are the elements of using force for self defense?

Answer 2

1. Non-aggressor
2. Reasonable force allowed
3. Prevent immediate unlawful harm to itself

Question 3

When can the aggressor use self defense?

Answer 3

1. Non-deadly force met with deadly force

2. Good faith + communicate withdraw from altercation

Question 4

What are the elements of defense of property?

Answer 4

1. D reasonably believes
2. Property in immediate danger of (a) unlawful trespass OR (b) personal property carried away
3. Must use reasonable, generally non-deadly force

Question 5

What are the elements of duress defense?

Answer 5

1. 3d party unlawful threat
2. D reasonably believe only way avoid death / serious injury is to violate the law
3. Threat causes D commit crime

Question 6

What are the elements of necessity defense?

Answer 6

1. Force of nature
2. Cause D to commit crime
3. Can’t be (a) D who caused force of nature OR (b) reasonably apparent non-criminal alternative

Question 7

What are the elements of consent defense?

Answer 7

1. Must (a) negate element of crime, (b) precludes harm sought
2. Consent itself must (a) voluntarily given, (b) no fraud, (c) given by competent person

Question 8

What are the elements of entrapment defense?

Answer 8

1. Crime induced by government

2. D not predisposed to committing crime