Crim Law 10

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Author:
paul
ID:
23713
Filename:
Crim Law 10
Updated:
2010-07-18 17:29:07
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Defenses
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Description:
Crim Law 10 - Defenses
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  1. INSANITY

    When is ∆ insane under the

    1) M'Naughten test?
    2) Irresistible impulse test?
    3) Model Penal Code?
    4) NY law?
    When ∆ has a MENTAL DISEASE or DEFECT, and as a result ∆

    1) M'NAUGHTEN—did not know his act was WRONG, or UNDERSTAND the NATURE of his act, OR

    2) IRRESISTIBLE IMPUSE—was unable to CONTROL his ACTIONS, or CONFORM CONDUCT TO THE LAW, OR

    3) MPC—lacked substantial capacity to appreciate the CRIMINALITY of his conduct, or to CONFORM CONDUCT TO THE LAW (MPC), OR

    4) NY—lacked substantial capacity to UNDERSTAND THE NATURE of his act, or to APPRECIATE THE WRONGFULNESS of his conduct
  2. INVOLUNTARY INTOXICATION
    • defense to ANY CRIME
    • must be COMPLETELY INVOLUNTARY
    • apply the insanity tests
  3. VOLUNTARY INTOXICATION (common law)

    (2 possibilities)
    1) CAN BE A DEFENSE to SPECIFIC INTENT crimes, if intoxication prevents ∆ from forming required mental state

    2) NEVER A DEFENSE for crimes of MALICE, GENERAL INTENT, or STRICT LIABILITY
  4. VOLUNTARY INTOXICATION (NY law)

    (2 possibilities, similar to common law)
    1) CAN BE A DEFENSE to INTENT and KNOWLEDGE crimes, if ∆ prevented from forming mental state

    2) NEVER A DEFENSE to crimes of RECKLESSNESS, NEGLIGENCE, or STRICT LIABILITY
  5. INFANCY

    Under the COMMON LAW, is ∆'s INFANCY a defense where

    1) ∆ < 7 years old?
    2) ∆ < 14 years old?
    3) ∆ ≥ 14 years old?
    1) DEFENSE—Prosecution NOT ALLOWED

    2) LIMITED DEFENSE—REBUTTABLE PRESUMPTION against prosecution

    3) NO DEFENSE—Prosecution allowed
  6. INFANCY

    Under NEW YORK LAW, what defense does ∆'s INFANCY provide where

    1) ∆ < 13 years old?
    2) ∆ ≥ 13 years old?
    3) ∆ ≥ 14 years old?
    4) ∆ ≥ 16 years old?
    1) CANNOT BE TRIED AS AN ADULT—can be tried only for "juvenile delinquency" in Family Court

    2) CAN BE TRIED AS AN ADULT for MURDER-2

    3) CAN BE TRIED AS AN ADULT for serious crimes against PERSONS or PROPERTY

    4) CAN BE TRIED AS AN ADULT for ANY crime
  7. SELF-DEFENSE

    Rule for NON-DEADLY force
    • REASONABLY NECESSARY
    • to protect against an IMMINENT use
    • of UNLAWFUL force
  8. SELF-DEFENSE

    DEADLY FORCE

    General rule
    DEADLY FORCE ALLOWED if

    • faced with an IMMINENT THREAT
    • of DEATH or SERIOUS PHYSICAL INJURY
  9. SELF-DEFENSE

    DEADLY FORCE

    1) The "Aggressor" Rule
    2) MBE exception
    3) NYBE exception
    1) Deadly force NOT allowed if ∆ is the INITIAL AGGRESSOR

    2) MBE—∆ initial aggressor can "regain" right to use deadly force if

    • ∆ WITHDRAWS and COMMUNICATES his withdrawal, OR
    • the victim ESCALATES a non-deadly fight into a deadly one

    3) NYBE—∆ initial aggressor can "regain" right to use deadly force if he WITHDRAWS and COMMUNICATES his withdrawal (no escalation exception)
  10. SELF-DEFENSE

    Must ∆ RETREAT before using DEADLY force?

    1) Majority rule?
    2) NY/Minority rule?
    1) MAJORITY—Retreat NOT required

    2) NY/MINORITY—Duty to retreat, UNLESS

    • cannot retreat in COMPLETE SAFETY, or
    • ∆ is in his OWN HOME
  11. SELF-DEFENSE

    What if ∆ is mistaken about his right to use self-defense? (2 possibilities)
    1) REASONABLE mistake—Defense is effective

    2) UNREASONABLE mistake

    • COMMON LAW & NEW YORK RULE: No right to use self-defense
    • MPC & MINORITY: Imperfect self-defense (charged with Voluntary Man, not murder)
  12. SELF-DEFENSE

    What kind of CRIME(s) may each of the following be used to PREVENT?

    1) Non-deadly force?
    2) Deadly force?
    1) NON-DEADLY force can be used to prevent ANY CRIME

    2) DEADLY force can be used to prevent ONLY

    • MBE: a FELONY risking HUMAN LIFE (includes rape)
    • NYBE: any of the BRAKES felonies; and retreat is not required.
  13. DEFENSE OF PROPERTY

    1) General rule
    2) Burglary rule
    1) Deadly force may not be used to defend property

    2) Deadly force may be used to prevent a BURGLARY, if ∆ is INSIDE his OWN HOME
  14. RESISTING ARREST
    • MAJORITY RULE: NON-DEADLY force allowed if arrest is UNLAWFUL
    • NY RULE: not allowed, unless officer uses EXCESSIVE FORCE
  15. NECESSITY DEFENSE

    1) General rule
    2) NY Rule
    1) ∆ REASONABLY BELIEVES conduct is necessary to prevent a GREATER HARM (but homicide is never allowed)

    2) harm AVOIDED > harm CAUSED (applies to homicide, too)
  16. DURESS

    1) General rule
    2) NY rule
    1) DEFENSE where

    • ∆ was FORCED to commit a crime under THREAT of DEATH or SERIOUS BODILY HARM
    • but NOT a defense to HOMICIDE

    2) AFFIRMATIVE DEFENSE (can be defense to homicide, too)
  17. ENTRAPMENT

    1) General rule
    2) NY rule
    1) NARROW defense where

    • Government created the criminal design, and
    • ∆ NOT predisposed to commit crime

    2) AFFIRMATIVE DEFENSE

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