Principles of Criminal Law

Question 1

What is the difference between a necessity defense and a duress defense?

Answer 1

Necessity - rationale of justification - The defendant violated a criminal prohibition, but in the circumstances it was good that she did, because doing so was the lesser evil.
Duress - rationale of excuse - The circumstances were so compelling that normally law-abiding people might well have done the same.

Question 2

What is the difference between specific intent and general intent?

Answer 2

Specific intent is to identify those actions that must be done with some specified further purpose in mind
General intent means that the defendant can be convicted if he did what in ordinary speech we would call an intentional action.

Question 3

What are the elements of a mental disorder amounting to a defense.

Answer 3

The defendant’s state of mind at the time of the offense must:

(1) have been one of disease, disorder, or disturbance, and
(2) If that existed, it must then have been of such a character as to prevent him from knowing the physical nature of the act he was doing or of knowing that what he was doing was wrong.