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18 Cards in this Set

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Necessity: Common Law

*Balance of Harm (lesser of two evils)


*No time/opportunity to alert authorites

*No defense if there are lawful alternatives (Both MPC and common law)

Necessity MPC

*Balance of the harm

* If actor brought about the harm recklessly or negligently then there is no necessity defense for the act causing the harm if R or N establishes culpability

Self-defense: Common Law

*Honest and reasonable belief of imminent unlawful force (objective)

*Like force

* Every actus reu requires a defense

Self-defense: MPC

*Honest and reasonable belief (objective, but includes subjective characteristics like vision)

*Unlawful Force


Self-Defense: Deadly Foce

*Only can be used to protect from death, SBH, kidnapping, or rape

*Not justified when the actor was the provoker

Self-defense: Retreat

*If you can retreat to complete safety and person subjectively knows this then there is duty to retreat

*Only required when using deadly force

*Castle doctrine

Self defense: Defense of others common law

*Can only use force that victim could

Self-defense: MPC

*reasonably believe force is necessary to protect victim

*actor may use force he believes is reasonably necessary to protect victim

Duress: Common Law

*Coerced by another person into unlawful conduct by unlawful threat or force against anyone

*Belief must be reasonable

*Force must be such that a person of reasonable firmness wouldn't resist.

Duress: MPC

*Coercion into unlawful conduct by threat or force against anyone which a person of reasonable firmness would not resist

* Not defense when actor placed himself in situation

Intoxication: Voluntary

When reckless establishes an element of the offense and the actor is unaware of a risk he would have been aware of if sober, his awareness is immaterial

Intoxication: Involuntary

*Defense if the actor lacked the substantial capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law

Insanity: Prongs

*Cognitive- lacks ability to appreciate criminality of conduct

*Volitional- unable to conform to law

Insanity: Elements

*Mental disease or defect

* Lack of capacity to understand the proceeding against him

Insanity: Common Law M'Naughten Test

*D is not guilty if at the time of the criminal acct he is suffering from mental disease or defect that impairs his capacity to know that criminality or wrongness of his acts

Insanity: MPC

* Not liable if as a result of mental disease or defect he lacks the substantial capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirement of the law