Other Defenses Flashcards
Mistake of Fact: Common Law
specific intent = ANY mistake of fact is a defense
Malice or General Intent = only a REASONABLE MoF is a defense
Strict Liability = mo NoF defense
SUMMARY
- a reasonable MoF will be a defense to any crime except strict liability
- an unreasonable MoF will be a defense only to specific intent crimes
Mistake of Law– COMMON LAW AND NEW YORK
GENERALLY NOT A DEFENSE
EXCEPTION- if the statute specifically makes knowledge of the law an element of the crime
- ex- “selling phony rolex watches KNOWING it is unlawful to do so”
Self-Defense Justification:
The Rule for Use of Nondeadly Force
- general rule
- ny exceptions
ROL- A D may use nondeadly force in self-defense if it is
1- REASONABLY NECESSARY
2- to protect against IMMEDIATE use
3- of UNLAWFUL force against himself or another
NY EXCEPTIONS- can’t use non-deadly force if:
1- w/ the intent to cause physical injury to another, you proved the use or imminent use of such force
2- initial aggressor
Self Defense: Deadly Force & the Intitial Agressor Rule
- MBE
- NY
D may not use deadly force if he is the initial aggressor. But he can regain his right to use deadly force in self defense if
1- he withdraws from the fight AND communicates that withdrawal to the other person; OR
2- MBE ONLY- the victim suddenly escalates a non-deadly fight into a deadly one
Self Defense: General Rule for Use of DEADLY force
A D may use DEADLY force in self-defense if he is facing an imminent threat of DEATH or SERIOUS BODILY INJURY
Self Defense & Deadly Force: The Retreat Rule
- majority
- ny
Majority- Retreat is not required
NY- Retreat is required UNLESS:
1- D cannot retreat safely, or
2- D is in his dwelling and is not the initial aggressor (apartment doorway is not dwelling)
3- D believes the other person is committing or attempting kidnapping, forcible rape, forcible criminal sex act, or robbery
4- D believes the other person is committing burglary; OR
5- D is a police officer
What happens if D is mistaken about the need to use lawful force in a self-defense?
REASONABLE mistake = complete defense
UNREASONABLE MISTAKE = no defense at all
Use of Force to Prevent a Crime
NON-deadly may be used, if reasonably necessary, to prevent any SERIOUS BREACH OF THE PEACE
DEADLY may only be used to prevent a felony risking human life
Defense of Property
- General Rule
- Dwelling Rule
- Deadly force may NOT be used to defend property.
- An occupant may use deadly force inside her dwelling when: (1) an intruder has gained entry in a tumultuous manner; AND (2) the occupant reasonable believes that the use of deadly force is necessary to prevent a personal attack on herself or someone else in the dwelling
Self-Defense & Resisting Arrest:
If the D knows or reasonable should know that the person performing the arrest is a police officer . . .
Majority rule?
NY?
Majority- If the arrest is unlawful, the D may use non-deadly force to resist the arresting officer
NY- Force MAY NOT be used to resist an arrest, even an unlawful one, UNLESS the arresting officer uses excessive force
Use of Deadly Force by law Enforcement
Only when doing so is reasonable under the circumstnaces.
Necessity Defense:
- rule?
- limits?
ROL- it is a defense to criminal conduct if the D REASONABLY BELIEVES that the conduct was necessary to prevent a greater harm.
LIMITS- no necessity defense if:
1- defendant causes the death of another person to protect PROPERTY; or
2- D is at fault in creating the situation that created the choice of evils
Duress Defense: ROL?
It is a defense if the D was coerced to commit a crime because of a THREAT, FROM ANOTHER PERSON, OF IMMINENT DEATH OR SERIOUS BODILY INJURY to himself OR a close family member
Duress & Homicide?
MAJORITY- duress cannot be a defense to homicide
NY- duress can be an AFFIRMATIVE defense to homicide
Entrapment
If the government unfairly tempted the D to commit the crime, he may claim entrapment. Only works if:
1- criminal design originated w/ the gov’t; AND
2- D was not predisposed to commit the crime
