Criminal Law - Defenses

Front 1

Insanity

Back 1

- Defense to all crimes, including strict liability crimes.
- Affirmative defense, burden on defense by preponderance of evidence
- 4 Tests:
M'Naghten, Irresistible Impulse, Durham Rule, MPC/ALI Test

Front 2

Insanity Defense - M'Naghten Test (majority)

Back 2

- At time, D could not understand nature & quality of his act; or
- D lacked ability to know wrongfulness of action.

Front 3

Insanity Defense - Irresistible Impulse Test

Back 3

- D lacks capacity for self-control & free choice.

Front 4

Insanity Defense - Durham Rule

Back 4

- But-For Test: The act is a product of a mental disease

Front 5

Insanity Defense - MPC/ALI Test:

Back 5

Mental disease/disorder: D lacks substantial capacity to 1) appreciate criminality of his conduct, & 2) control self to conform conduct to law.

Front 6

Diminished Capacity - Partial Defense:

Back 6

D entitled to partial defense where proof shows that:
- as a result of mental defect short of insanity,
- D did did not have the particular mental state required.
(may mitigate malice crime for murder to VM)

Front 7

Voluntary Intoxication Defense

Back 7

- D knowingly & voluntarily ingested intoxicant.
Defense to specific intent (stopped D from forming intent) but NOT a defense to general intent crimes.

Front 8

Involuntary Intoxication Defense

Back 8

- D did NOT knowingly & voluntarily ingest intoxicant;
- was under direct duress imposed by another OR pursuant to medical advice while unaware of the substance's intoxicating effect.
- Same legal effect as insanity- defense to all crimes including strict liability, once establish that intoxication caused actus rea, apply insanity tests.

Front 9

Infancy

Back 9

(almost always wrong answer on Bar)
- Under 7, no criminal liability.
- Under 14, rebuttable presumption.

Front 10

Self-Defense & Defense of Others - use of Non-Deadly Force:

Back 10

- V (not initial aggressor) may use non-deadly force any time he REASONABLY BELIEVES that there is IMMINENT USE OF FORCE about to be used against V.

Front 11

Self-Defense & Defense of Others - use of DEADLY Force:

Back 11

V may use deadly force any time V REASONABLY BELIEVES there is IMMINENT THREAT OF DEADLY FORCE about to be used against V.

Front 12

Alter Ego Rule

Back 12

When you come to the aid of anyone else, you have no legal rights greater than those of the person whose aid you come. So only if they have right to self-D, do you have right to self-D.

Front 13

Defense of Property/Dwelling

Back 13

- Deadly force is NEVER allowed; reasonable force is allowed.
- Indirect deadly force may not be used when such force could not lawfully be directly used (i.e., leaving electricity running through wires)

Front 14

Use of Force Against a Fleeing Felon

Back 14

- May use deadly force to apprehend a fleeing felon if:
- felon threatens death or serious bodily harm &
- deadly force is necessary to prevent escape.

Front 15

Use of Force to Effectuate Arrests

Back 15

- Non-deadly force can be used to effectuate arrest;
- Deadly force ONLY to prevent felon's escape or felon threatens w/ serious bodily harm;
- Deadly force also OK if person doesn't know it is a police officer

Front 16

Defense of Mistake of Fact

Back 16

- Specific intent crime- even if unreasonable, negates specific intent;
- General intent & malice crimes- must be reasonable, any mistake
- Strict liability- NEVER allowed

Front 17

Defense of Consent

Back 17

Almost NEVER a defense. Requires:
- voluntarily & freely given;
- legally capable of consent;
- no fraud to get consent

Front 18

Defense of Entrapment

Back 18

Almost never available b/c D's predisposition to commit crime negates defense.

Front 19

Defense of Duress

Back 19

Defense available to all crimes EXCEPT HOMICIDE.
- Requires: D performs otherwise criminal act under threat of imminent infliction of death or great bodily harm & his perception of the threat is reasonable.

Front 20

Defense of Abandonment

Back 20

- Must be fully voluntary & not made b/c of difficulty of completing the crime, or b/c of an increased risk of apprehension; and
- A complete abandonment of the plan made under circumstances manifesting a renunciation of criminal purpose, not just a decision to postpone committing it or to find another victim.