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7 Cards in this Set

  • Front
  • Back
INTENT DEFENSES
Insanity, Diminished Responsibility, Intoxication,
Mistake of Law or Fact
INSANITY
- Complete and total defense to ANY crime.
- at the time the crime was committed the person:
1)Suffered from such disease or deranged condition of the mind so as to render the person incapable of knowing the nature and quality of the act the person is committing, OR 2) The person is incapable of distinguishing between right and wrong in relation to the act.
DIMINISHED RESPONSIBILITY
Available ONLY to crimes requiring specific intent and negates the spefic intent element of the crime, so if there is a lesser included requiring only general intent, the defense would only be partial. Not codified, no elements but defense recognizes deficient mental capacity short of insanity, but which nevertheless renders a person incapable to form the specific intent to commit crime.
INTOXICATION
Negates only specific intent, partial defense. WHen issue of intoxication is raised, it is sufficient for court to instruct on that issue and not give additional instruction on diminished responsibility.
MISTAKE OF LAW OR FACT
Mistake of Fact -
1)Ignorance or mistake of fact is defense to a crime of intent if: a)Mistake is reasonable; AND b)Mistake is not due to carelessness or negligence.
Mistake or ignorance of the law defense is available only when it negates an element of the offense, but is rarely an accepted defense.
JUSTIFICATION DEFENSES
Self Defense, Defense of others, Defense of Property, Aiding another in defense of property, Resisting forcible felony.
Self Defense
1) Defendant not provocateur in either initiating or continuing difficulty; (2) Defendant believed that he or she was in imminent danger of death or injury, and that use of force was necessary to save self; (3) Defendant had reasonable grounds for such belief; AND (4) Force used was reasonable.