Defenses

Question 1

Any insanity defense requires that the defendant plead the following

Answer 1

Mental disease or defect

Question 2

Define the M’Naghten Test (purely cognitive): 2 elements

Answer 2

1. Defendant either did not know that his conduct was wrong

2. Did not understand the nature of his conduct.

Question 3

What are the 2 elements of the irresistible impulse test (volitional test)

Answer 3

If defendant:

1. It was unable to CONTROL his actions or
2. Was unable to CONFORM his conduct to the law

Question 4

Under the model Penal Code, the test for insanity is if the defendant lacked substantial capacity to do either of the following 2 things:

Answer 4

1. Appreciate the CRIMINALITY of his conduct, or

2. CONFORM his conduct to the requirements of law

Question 5

Under New York law, to invoke the insanity defense, the defendant must prove that he LACKED the SUBSTANTIAL CAPACITY to either (2 things)

Answer 5

1. Understand the NATURE and CONSEQUENCES of his act, or
2. Appreciate the WRONGFULNESS of his conduct
   (this is more lenient than M’Naghten)

Question 6

Under the Durham test, what must defendant proved to qualify as insane

Answer 6

That his conduct was the PRODUCT of a mental illness

Question 7

Shorthand for 1. M’Naghten, 2. Irresistible impulse, 3. Durham, 4. Model Penal Code

Answer 7

1. M’Naghten: defendant doesn’t know right from wrong
2. Irresistible impulse: what it says
3. Durham: but for mental illness, no act
4. MPC - combination of M’Naghten and irresistible impulse

Question 8

Distinguish insanity from incompetency?

Answer 8

You are insane at the time of the crime.
You are a competent if AT THE TIME OF TRIAL defendant cannot understand the nature of the proceedings against him OR help his lawyer prepare his defense

Question 9

At common law, voluntary intoxication is a defense to what type of crime

Answer 9

Specific intent

Question 10

Under New York law, voluntary intoxication is a defense to what types of crimes?

Answer 10

Crimes were intoxication negates either the INTENT or KNOWLEDGE required for the crime (it can be a defense to malice crimes in New York, but not at common law).

Question 11

What age may be prosecuted for second-degree murder under NY law? At what age may be prosecuted for serious offenses against persons or property under NY law? Generally, at what age are you only subject to the jurisdiction of Family Court in NY?

Answer 11

1. You may be prosecuted for secondary murder at age 13, 14 or 15
2. You may be prosecuted serious offenses against people or properties at age 14 or 15
3. Otherwise, between the ages of 7 and 16, you are exclusively in Family Court.

Question 12

At common law, if the mental state for the crime is specific intent, what types of mistake of fact will be a defense?

Answer 12

Any mistake of fact is a defense for specific intent crimes

Question 13

At common law, what type of mistake of fact will be a defense for malice or general intent crimes?

Answer 13

Only a reasonable mistake of fact will be a defense to malice or general intent crimes

Question 14

Whatever mistake of fact will be a defense to strict liability crimes?

Answer 14

No mistake of fact is defense to strict liability crimes

Question 15

Under New York law, a mistake of fact will be a defense if it negates the relevant mental state. For crimes of purpose, knowledge or recklessness, what type of mistake of fact will be a defense?

Answer 15

Any mistake of fact well negate purpose, knowledge or recklessness

Question 16

Under New York law, a mistake of fact will be a defense if it negates the relevant mental state.For crimes of negligence what type of mistake of fact is a defense?

Answer 16

Only a reasonable mistake of fact is a defense to negligence in New York

Question 17

Under common law and New York law, is mistake of law a defense?

Answer 17

Generally, no. Only if knowledge of the law is an element of the crime does it provide a defense.

Question 18

When is consent a defense to a crime committed? 3 elements

Answer 18

1. Consent was freely given
2. Party was capable of consenting legally
3. No fraud in obtaining the consent

Question 19

What are the 2 elements of entrapment?

Answer 19

1. The criminal design originated with police

2. Defendant was NOT PREDISPOSED to commit the crime prior to contact with police

Question 20

May a defendant being entrapped by a private citizen?

Answer 20

No.

Question 21

When may you use nondeadly force in self-defense? (3 elements)

Answer 21

1. It’s reasonably necessary
2. To protect a UNLAWFUL use
3. Of FORCE

Question 22

When man defendant use deadly force in self-defense?

Answer 22

When facing an IMMANENT threat of death or serious bodily harm

Question 23

Under common law, the initial aggressor may use deadly force in self-defense in 2 situations?

Answer 23

1. When he withdraws and communicates withdrawal

2. When the victim suddenly ESCALATES a nondeadly fight into a deadly fight

Question 24

Under New York law, what may the initial aggressor use deadly force in self-defense?

Answer 24

The initial aggressor must withdraw and communicate his withdrawal 1st. Escalation by the victim does not provide a defense for use of deadly force by the initial aggressor.

Question 25

Is reasonable mistake of fact a defense to the use of force (where you think you are acting in self-defense)?

Answer 25

Yes, reasonable mistake is a COMPLETE DEFENSE. Unreasonable mistake is no defense at common law and in New York

Question 26

When may nondeadly force be used to prevent a crime?

Answer 26

If reasonably necessary to prevent serious breach of the peace

Question 27

When may deadly force be used prevent a crime not against one's self?

Answer 27

You may use deadly force in the defense of others to the same extent as you can use deadly force in defense of self.

Question 28

May use deadly force to defend your property?

Answer 28

No, property may not be defendant with deadly force. If you are protecting your home because you are in it and under personal attack, that is fine, but you are defending yourself not your property.

Question 29

Under the majority rule, may you resist arrest with nondeadly force when the arrest is unlawful?

Answer 29

Yes, you may resist in the majority of states if the arrest is unlawful.

Question 30

In New York, may you resist arrest with nondeadly force when the arrest is unlawful?

Answer 30

No. In New York, you may not resist arrest unless the officer is using EXCESSIVE FORCE.

Question 31

When may an officer use deadly force?

Answer 31

When doing so is reasonable under the circumstances. For example, you may not shoot a fleeing unarmed criminal because there is no immediate threat to the physical well-being of others or the officer.

Question 32

Under New York law, may you use nondeadly force on another to defend yourself if you are the initial aggressor or if you provoked the imminent threat of force from your attacker?

Answer 32

No, under New York law, if you started it, you may not use self-defense even at a nondeadly level.

Question 33

You may not use deadly force if you can?

Answer 33

If you can SAFELY RETREAT

Question 34

When is necessity a defense to criminal conduct?

Answer 34

When the defendant REASONABLY believes that the conduct was necessary to prevent a GREATER HARM

Question 35

What are the 2 limitations on necessity is a defense to crime?

Answer 35

1. Property cannot be defended with deadly force | 2. The sassy cannot be used as a defense if the defendant is AT FAULT for creating the situation

Question 36

When is duress a defense to a crime?

Answer 36

Duress is a defense to a crime where the defendant was coerce to commit the crime because of a threat from another person of imminent death or serious bodily injury to himself or a close family member

Question 37

What is the difference between New York law and common law for the duress defense?

Answer 37

In New York, duress is a defense to homicide. At common law, duress CANNOT be a defense homicide