Crimlaw rules 10

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Crimlaw rules 10
2010-07-12 16:56:10
Responsibility defenses

Responsibility and defenses
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  1. Accomplice liability
    One who aids or abets principal prior to or during commission of the crime and is present at the commission of the crime with intent that the crime be committed.
  2. Accomplice defense: withdrawal
    Common law - must:

    • repudiate prior aid
    • do all that is possible to countermand prior assistance
    • before chain of events is in motion and unstoppable

    NY rule - must:

    • renounce criminal purpose
    • withdraw from participation prior to commission to fthe crime
    • make a substantial effort to prevent commicssion of the crime
  3. Insanity defense
    NY Rule: as a result of diease or defect, defendant lacked substantial capacity to know or appreciate nature and consequences of such consequences or that such cconduct was wrong.

    based on preponderance of evidence
  4. Intoxication as a defense
    Voluntary intoxication: defense to specific intent crimes if it prevents formation of required intent. Nolt a defense where intent formed before intoxication. Not a defense to malice, recklessness, negligence, or strict liability crimes

    Involuntary intoxication: defense where it negates an element of the crime for general and specific intent crimes.
  5. Infancy as a defense
    Common law: below 7, no liability; 7-14 = rebuttable presumption of no capacity; 14+ = tried as an adult.

    NY law: below 16 = no criminal responsibility except 13-15 for second degree murder and 14-15 for kidnapping, arson, assault, manslaughter, rape, aggavated sexual abuse, burglary, robbery. or attempted murder.
  6. Mistake of fact as a defense
    May rely on mistake as a defense if the mistake is reasonable
  7. Self-defense
    • Not aggressor
    • Threat of unlawful harm is immediate
    • Deadly force justified only when reasonably necessary to prevent death or serious injury, prevent serious felony, or to apprehend felon who poses risk to safety of the community
  8. Defense of others as a defense
    A person has the right to defend others under the same circumstances that self-defense would be acceptable. Extends to anyone defendant reasonably believes has a right of self defense.
  9. Entrapment
    Government official or agent induced or encouraged defendant to commit crim by employing methods or persuasion or inducement that create a substantial risk the crime will be committed by persons other than those who are ready to commit it.
  10. Alibi
    An alibi is a defense whereby a defendant denies his participation in a crime because he asserts that he was somewhere else at the time of the commission of the alleged crime.