Case-in-Chief Defenses

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Author:
luis11lb
ID:
312171
Filename:
Case-in-Chief Defenses
Updated:
2015-12-02 20:14:24
Tags:
crimlaw15
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  1. Case-in-Chief Defense
    Case-in-Chief Defense: an element of the crime is not proven 

    • Mens Rea Negated: 
    • (1) Mistake of Fact
    • (2) Mistake of Law
    • (3) Involuntary intoxication

    • Specific intent: 
    • (1) voluntary intoxication
  2. Mens Rea Negated: Mistake of Fact
    Specific Intent Crime: there must be a good faith belief regardless of reasonableness 

    General Intent Crime: there must be a reasonable good faith belief
  3. Mens Rea Negated: Mistake of Law 

    Marrero 

    Bryan 

    Lambert
    • Exceptions to ignorance of the law is no excuse: 
    • (1) Relying on official interpretation of the law 
    • (2) Statute requires knowledge that act is unlawful 
    • (3) Lack of fair notice of legal duty

    Marrero (no defense. peace officer = correctional officer) 

    Bryan (willful violation = knowledge conduct unlawful) 

    Lambert (no notice to register as convicted felon) 
  4. Voluntary intoxication 


    Egelhoff (defense of intoxication not fundamental right) 
    Voluntary Intoxication: evidence of its occurrence does not automatically negate specific intent 

    Murder: 1st degree reduced to 2nd 



    • Fundamental Right:
    • (1) History 
    • (2) Modern change: look at the amount of states that have adopted defense
  5. Involuntary intoxication


    Powell (alcoholic guilty of intoxication in public place)
    Involuntary intoxication: specific and general intent negation 

    Note: can use as temporary insanity for affirmative defense 


    • Majority: 
    • No Defense: act is punished not alcoholism status 

    • Dissent: 
    • Defense: alcoholism is involuntary

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