(M-Crim2) Defenses Flash Cards

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Title: (M-Crim2) Defenses
Description: Defenses
Number of Cards: 20
Save Count: 3
Author: pavlush
Created: 2010-07-23
Tags: criminal mbe
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    • Question
    • Answer
    • Side 3
    • [Defenses]
      Requirements & list tests for Insanity
    • 1) Mental Disease of Defect
      2) Meet one of
      (a) M'Naughten test
      (b) Irresistible Impulse Test
      (c) Durham Test (not the law anywhere)
    • [Defenses]

      What is required for the M'Naughton insanity test
    • 1) D did not know his act was wrong, OR
      2) Did not understand the nature of his actions
    • [Defenses]

      Requirements for Irresistible Impulse Test for insanity?
    • 1) D couldn't control his actions
      2) D couldn't conform actions to the law
    • [Defenses]

      Requirements for Durham insanity test?
    • That D's crime was a product of his mental illness

      No longer good law
    • [Defenses]

      Requirements for MPC insanity defense?
    • Basically M'Naughton OR Irresistible Impulse

      1) D could not appreciate the criminality of his conduct, or
      2) conform conduct to the law
    • [Defenses]

      What's the difference between insanity and incompetency
    • Insanity - (a) whether D was insane when he committed crime, if yes --> not guilty.

      Incompetency - Whether D is insane at time of trial; if yes, trial merely postponed.
    • [Defenses]

      When is Intoxication a defense?
    • Voluntary Intoxication - only to negate specific intent.

      Involuntary Intoxication - any crime
    • [Defenses]

      Infancy defenses at common law & under MPC?
    • Common Law: <7, no prosecution; < 14 presumption of no prosecution; > 14, prosecution allowed.

      MPC: < 16, juvenile delinquency process; > 16,17: criminal prosecution if allowed by juvenile delinquency court. Not good law

      State ages vary widely
    • [Defenses]

      What is the rule for the use of non-deadly force in self defense?
    • 1) Reasonably necessary
      2) To protect against an immediate use
      3) of unlawful force against himself
    • [Defenses]

      Rule for use of deadly force
    • V can use deadly force if facing "imminent threat of death or serious injury"
    • [Defenses]

      When can D/V not use self-defense deadly force?
    • When D is the "initial aggressor"

      When can D regain the right to use deadly force?
    • If he
      1) Withdraws from the fight, and
      2) communicates it to the other
      OR
      the other party suddenly escalates a non deadly fight into a deadly one (pulls a gun)
    • [Defenses]

      When must a D retreat before using deadly force in a self-defense claim?
    • Majority Rule: Retreat is not required ("true man rule")

      Common Law/Minority: can use deadly force if
      (a) Cannot retreat to a safe location, or
      (b) D is in his home (castle exception)
      (c) D is defending against: kidnapping, rape, robbery, arson, or burglary ("BRRAK")
    • [Defenses]

      What happens if D made a mistake and deadly-force was not required in self-defense?
    • Reasonable? Valid self-defense

      Unreasonable? Common Law: No defense; MPC: Voluntary Manslaughter
    • [Defenses]

      When can force be used to prevent a crime?
    • Non-deadly force can be used to stop any crime.

      Deadly force can only be used to stop a felony risking human life
    • [Defenses]

      Can D use force to stop crimes against others?
    • Yes, just as he would himself
    • [Defenses]

      Can deadly force be used to protect property?
    • Generally: No

      If burglary, then yes if person using force (e.g. home owner) is validly inside the home
    • [Defenses]

      Can force be used to resist arrest?
    • Majority Rule: If arrest is unlawful, then D may use non-deadly force

      MPC: No force, unless arresting officer uses excessive force
    • [Defenses]

      When is duress a defense?
    • If a person is forced to commit a crime under the threat of imminent death or serious bodily injury. Unless the crime is homicide
    • [Defenses]

      When is entrapment a defense?
    • (VERY NARROW)

      1) Criminal design originated w/ government AND
      2) D was not predisposed to commit the crime
    • What are the six possible defenses to a crime?
    • 1. Insanity
      2. Intoxication
      3. Infancy
      4. Self-Defense
      5. Duress
      6. Entrapment