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Defenses - Crim Law
| Term | Definition |
|---|---|
| What are the Categories of Defenses? | Failure of Proof Offense Modification Justification Excuse Nonexculpatory Public Policy |
| What is Offense Modification Defense? | While the actor has apparently satisfied all elements of the offense charged, he has not in fact caused the harm or evil sought to be prevented by the statute defining the offense. • Ex. parent pays ransom money to kidnapper of child |
| What is Failure of Proof Defense? | Instances when because of the conditions that are the basis for defense, all elements of the offense charged cannot be proven. • Ex. Mistaken Belief (mistake of fact) |
| What is Justification Defense? | Conduct that normally considered wrong, given the circumstances, is acceptable. A justification does not excuse conduct; but negates social harm element. • I did nothing wrong that I should be punished for. Ex. Self Defense |
| What is Excuse Defense? | Although actor has harmed society. He should not be punished for causing that harm. An excuse does not justify conduct; negates moral blameworthiness, not social harm. • I did something wrong, but I should not be held criminally liable. Ex. Insanity |
| What is Nonexculpatory Public Policy Defense? | The D's conduct is harmful and creates no societal benefit, but statute of limitations may bar conviction as matter of public policy. •Ex. man robs victim at gunpoint, not identified until 10 years later. |
| What is Self Defense Defense under MPC? | Use of force towards justifiable when actor believes force used is immediately necessary to protect themselves against use of unlawful force. belief must be reasonable. one must retreat from deadly force if the d knows it can be done in complete safety. |
| What is Self Defense Defense under CL? | Self Defense may be raised if: • Unlawful Threat of Force • Imminent/Immediate Threat • Defendant believes they are in peril. • Defendant reasonably believes they are in peril. • Force used is necessary and proportional. can't be raised if inciting |
| MPC v. CL for Self Defense | • Imminent Danger (CL) • Inevitable Danger (MPC) • Retreat Doctrine (Yes, MPC) (No, CL; castle doctrine instead) |
| What is Defense of Others MPC?? | You can use force to protect someone else if: - you could use force to protect yourself in the same situation - person trying to protecting could also use force for their own protection, - genuine belief intervention is necessary to protect person. |
| What is Defense of Others CL? | Maj: If d is acting under an actual and reasonable belief that his actions in defense of another is necessary; he can act in their defense. Min: Not about reasonable belief, its whether you were right. |
| What is Defense of Habitation/Property under MPC? | deadly force is justifiable if belief that Intruder is trying to remove the person from their dwelling or attempting to commit enumerated felony and either: threatened/used deadly force against/near actor force other than deadly force danger of harm |
| What is Defense of Habitation/Property under CL? | Do not Confuse defense of habitation and property! prop: no deadly force solely to protect personal property habit: Curtis, Bailey, Boyett |
| What is Necessity under MPC? | all the following must be true - Harm avoided is greater than harm caused. (equal or less, no defense) - No statutory exceptions applicable - No legislative purpose to exclude justification. |
| What is Necessity under CL? | Available when: Done to prevent greater evil No legal and adequate alternative Harm not disproportionate to harm avoided Imminent harm Reasonable expectation actions will abate the danger Legislature not precluded defense. |
| When is Duress allowed under MPC? | limited to human threats - If a person committed an offense because they were forced by unlawful force or threats of force that a reasonable person in their situation would have been unable to resist |
| What is Duress under CL? | - Present, imminent, impending threat of death/great bodily harm to the d or third party - Reas. belief that threat is genuine/will carried out. - No reas. opportunity to escape. [Threat must be unlawful] [D not at fault for exposing self to threat] |
| What is Intoxication Defense under MPC? | - Voluntary - not defense unless negatives element of offense - if recklessness caused to be unaware of risk shouldknow sober, don't matter - Involuntary - defense if caused actor to either not fully understand wrongfulness of actions, or follow the law |
| What is intoxication defense under CL? | voluntary/involuntary may preclude formation of specific intent and negate essential element of certain crimes. only the mens rea of specific-intent crimes that may be negated by voluntary intoxication defense not general intent for voluntary |
| What is Insanity under MPC? | MPC/ (ALI) Test person’s capacity to appreciate willingness of conduct OR conform conduct to the law is so subst. impaired that cant justify being responsible. Considers BOTH cognitive & volitional defects & expert testimony |
| What is Insanity under CL? | - M'Naughten Test - M'Naughten + Irresistible Impulse - Product Test (Durham Rule) - Ali Test (in MPC) - Guilty but Mentally Ill (GMI/GMBI) |
| What is Castle Doctrine for Self Defense under CL? | A person is not obligated to retreat when they are attacked in their own home or the area immediately surrounding their home • if someone initiates or contributes to a violent situation, they may not be able to claim protection. |
| What happens if you provoke conflict CL? | Self Defense is not an available defense to one who provokes conflict or is the aggressor in it or one who does not retreat if he can safely do so. (US v. Peterson) |
| When can defendant use deadly force for self defense CL? | In order for the defendant to use deadly force, he must reasonably believe that said force is necessary to prevent harm. This reasonable belief cannot be based upon his own subjective thinking under the circumstances, but rather objectively. (Goetz) |
| Is battered wife syndrome enough to raise self defense CL? | Battered-wife syndrome will not automatically justify a killing unless the defendant believed it was essential to prevent imminent death or great bodily harm. |
| When can you not use defense of others under CL? | you act recklessly or negligently in believing that force is necessary or in acquiring or failing to acquire critical knowledge or beliefs about the justifiability of force In a prosecution where recklessness or negligence is sufficient to establish guilt |
| What is retreat rules for defense of others under CL? | - don't have to retreat, surrender, comply b4 using force unless certain it would secure complete safety. If person required to retreat, surrender, must try to persuade them to do so b4 using force Neither have to retreat to retreat more than own home |
| can defense of others be used to protect embryo in stomach? | Defense of others is available when a person acts to prevent unlawful bodily harm against another, regardless of whether that another is a fetus or embryo. |
| CL v. MPC Defense of others | MPC precludes defense of others based on culpability. Common law pretty much almost no restrictions to defense of others. |
| What is Curtis Rule? | CL Defense of Habitation Deadly Force if: • reasonably believe intruder intends to unlawfully and imminently enter & • deadly force is necessary to prevent entry/intrusion. • Very dangerous rule • Very old rule; not popular today |
| What is Bailey Rule? | CL Defense of Habitation Deadly Force if (Curtis + intends to commit felony) • Curtis & reasonably believe intruder intends to commit a felony inside |
| What is Boyett Rule? | CL Defense of Habitation Deadly Force if (Curtis + Bailey but violent felony) Curtis Bailey & reasonably believe intruder intends to commit a forcible and atrocious felony inside |
| Under CL Defense of Habitation what is intruder is already inside house? | • Majority: Boyett extends into house • Minority: must fit into other defense (self, etc.) |
| Under CL Defense of Habitation wb to prevent misdemeanor? | • Deadly force cannot be used to prevent a misdemeanor. |
| What does Boyett say about deadly force? CL | A defense of habitation grants right deadly force against an intruder when necessary to prevent the commission of a crime. Intruder can be inside home, or outside attempting to enter, but must be reasonable belief that defense is neces. to prevent harm. |
| Under MPC when can't you raise defense of habitation/property? | if reckless or negligent, can't raise defense. |
| What is necessity? | Justification - May be raised if the defendant’s actions, although violative of the law, were necessary to prevent an even greater harm from occurring. |
| Under CL can necessity be used for murder? | Cannot be raised as a defense to murder. - The defense of necessity is not a justification for homicide unless the killing is in self-defense. (Dudley Stephens) |
| Under MPC necessity what is clear fault provision? | When the actor was reckless or negligent in bringing about the situation requiring a choice between, the justification is unavailable for any offense for which recklessness or negligence is enough to establish culpability. |
| CL v. MPC necessity | • Imminency (Common Law) • Fault provision (MPC) • Cannot raise as a defense to murder (Common Law) |
| When is Duress not allowed under MPC? | - If the person recklessly put themselves in a situation where they were likely to experience duress. - They were negligent in placing themselves in such a situation if negligence is enough to establish guilt for the offense. |
| Duress defnese to murder CL? | Duress is not a defense to any form of murder; fear for one’s life does not justify killing an innocent person. |
| What is Duress? | Excuse involves free will being overcome by an outside force, |
| Duress v. Necessity | • Duress: equal harm (cut off his arm or I cut off your harm), Necessity: lesser harm (for public good) • Duress: individual, necessity: society/community/world • Human coercion typically duress, physical forces typically necessit |
| voluntary intoxication for general intent under CL? | Intoxication can serve as a defense by negative the mens rea required for a specific intent crime but is not applicable to general intent crimes. (veach) |
| Intoxication as a failure of proof claim? | • Failure of Proof-claim (unable to attain mental state necessary) • Can reduce 1st degree to second degree murder. • Some jurisdictions will not recognize. |
| CL v. MPC intoxication | • Both recognize involuntary intoxication. • Voluntary intoxication allowed to be raised under CL if specific intent; under MPC only allowed to be raised if can show it negates MR (if negligent) |
| What is Insanity defense and what are rationales? | Highly controversial, few states don’t have this excuse. • Hard to win. Rationales • Treatment/help (retributivist) • No sense to punish if couldn't help themselves (Utilitarian) |
| What is M'Naugten Test? | A person is legally insane if at time of act he didn't know the nature and quality of the act he was doing or If he did know it, he did not know what he was doing was wrong. - Requires only cognitive capacity (knowing right v. wrong) not volitional |
| What is M'Naughten+ Test? | M'Naugten + Volitional Incapacity his mind was delusion and also he lost free will to control actions or control conduct to wall (would have commited crime even in police were there) "duress of disease" destroyed free will |
| What is Product Test (Durham Rule)? | • Accused not criminally responsible if unlawful act was product of mental disease or mental defect. • “But-for” mental disease • Gave too much power to experts, took away power from jury. • Least Strict |
| What is GMI/GBMI Test? | • If D was sane at time of crime, but “mentally ill,” jury may be instructed to return gmi verdict. • Same sentence as guilty defendant but may get psychiatric care additionally. |
| What is ALI test? | Under both MPC and CL; compromise of M'Naghten, Irresistible Impulse, and Products Rule |
Created by:
hollymurphy8
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