Law School Outline - Outline Defenses

CRIMINAL LAW Defenses Outline Insanity     Defense negating criminal capacity Elements: meet applicable insanity test (M’Naghten, irresistible impulse, Durham, or MPC) Applicable Crimes: defense to all crimes M’Naghten Rule: o Elements: entitled to    the traditional M Rule provides that a defendant is acquittal if the proof establishes that: A disease of the mind Caused a defect of reason Such that the defendant lacked the ability at the time of his actions to either: o Know the wrongfulness of his actions; or o Understand the nature and quality of his actions    Irresistible Impulse Test: Durham Test MPC Test o Appreciate the criminality (wrongfulness) of his conduct; or o Conform his conduct to the requirements of law Intoxication: Voluntary    Defense negating criminal capacity Elements: intoxication voluntary intentional taking of a substance known to be Applicable crimes: defense to specific intent crime if intoxication prevents formation of required intent Page 1 of 6 CRIMINAL LAW Defenses Outline Intoxication: Involuntary    Defense negating criminal capacity Elements: taking intoxicating substance without knowledge of its nature, under duress, or pursuant to medical advice Applicable crimes: treat as mental illness (i.e. apply appropriate insanity test); may be a defense to all crimes Infancy Diminished Capacity Self Defense: (Justification or excuse)      Adequate provocation of imminent threat Necessary Proportionate response *Note: a strict application of the immanency requirement may result in unfairness in battered women cases. Basic Rules o Crime of necessity o Arises only when the necessity begins and ends when the necessity ends o Proportionality Actual things needed for self-defense: First Ask, “ Are we dealing w/ deadly or non-deadly force? o Threat that’s actual or apparent of deadly force o Unlawful & Immediate o Imminent or Serious Bodily injury & necessary to save oneself o Honest Belief and objectively reasonable o Not available to the aggressor o Mere words are not a provocation o Withdrawal then start over = no longer the aggressor  Page 2 of 6 CRIMINAL LAW Defenses Outline  Retreat o Common Law: opportunity duty to retreat if there is a safe available o MPC: no duty to retreat  Exceptions:  When no safety – would be perilous to his safety  Castle Doctrine – can only be invoked by one who has not started the conflict.  Policy for the no duty to retreat:  Law should not denounce conduct as criminal when it accords with the reasonable behavior of men  Right should never give way to wrong  Requiring retreat would reward the aggressor, and innocent people being required to retreat may be killed in the process of retreat. MPC 3.04: force justified when the actor reasonably believes that it was necessary – subjective  Exceptions: o Resist arrest\ o Resist force by occupier of property  Self-Defense and Defense of Others   Justification defense Use of Force o Nondeadly force: if reasonably necessary to protect self o Deadly force: only if threatened with death or great bodily harm Defense of Dwelling   Justification defense Use of Force o Nondeadly force: unlawful entry if reasonably necessary to prevent or end Page 3 of 6 CRIMINAL LAW Defenses Outline o Deadly force: only if person inside is threatened or to prevent felony inside Defense of Other Property   Justification defense Use of Force o Nondeadly force: if reasonably necessary to defend property in one’s possession (but if request to desist would suffice, force not allowed) o Deadly force: never Duress and Necessity Mistake of Fact     Exculpatory defense Applicable to: crimes with a mental state element When applicable: for specific intent crimes, any mistake that negates intent; for other crimes, only reasonable mistakes Strict liability crimes: since strict liability crimes require no state of mind, mistake or ignorance of facts is no defense to them. Mistake of Law     Exculpatory defense General Rule: no defense Applicable to: crimes with a mental state element and statutory crimes When applicable: mistake must negate awareness of some aspect of law that crime requires or must be due to: statute not being reasonably Page 4 of 6 CRIMINAL LAW Defenses Outline available, reasonable reliance on statute, or judicial interpretation, or (in some states) reasonable reliance on official advice Consent    Exculpatory defense Applicable to: crimes requiring lack of consent (e.g. rape) and minor assaults and batteries When applicable: applicable only if: consent is freely given, party is capable of consenting, and no fraud was used to obtain consent Entrapment    Exculpatory defense Applicable to: most crimes, but not available if defendant or police merely provide material for the crime When applicable: criminal design originated with police and defendant was not predisposed to commit the crime before contact with police Justification     Includes: self-defense, defense of others, defense of property, necessity, etc. Exculpatory defense Applicable to: usually crime of force (e.g. battery, homicide) When applicable: nondeadly force may usually be used if reasonably necessary to avoid imminent injury or to retain property; deadly force may be used only to prevent serious bodily harm. Page 5 of 6 CRIMINAL LAW Defenses Outline Duress    Exculpatory defense Applicable to: all crime except homicide When applicable: defendant reasonably believed that another would imminently harm him or a family member if he did not commit the crime Page 6 of 6