General Principles

Question 1

What is the insanity defense?

Answer 1

• The insanity defense argues that a defendant lacked the mental capacity to understand their actions or appreciate that they were wrong due to a mental illness.

Question 2

What is the M’Naghten test for insanity?

Answer 2

1. The defendant suffered from a mental disease.
2. They could not understand the nature and quality of their actions.
3. They did not know their actions were wrong.

• A child hits you with a bat and laughs about it because they don’t understand that their actions are wrong. Is this insanity?
  Answer: Yes, because the child cannot appreciate the nature of their actions.

Question 3

What is the Model Penal Code (MPC) test for insanity?

Answer 3

• The defendant lacked the substantial capacity to:
  
  1. Appreciate the criminality of their conduct.
  2. Conform their conduct to the law.

Question 4

What is the irresistible impulse test for insanity?

Answer 4

• The defendant was unable to control their conduct due to mental illness, even if they understood their actions were wrong.

Question 5

When is voluntary intoxication a valid defense?

Answer 5

• Voluntary intoxication is a defense to specific intent crimes (e.g., murder, assault, theft).
• It may prevent the defendant from forming the specific intent necessary for the crime.

Question 6

When is involuntary intoxication a valid defense?

Answer 6

• Involuntary intoxication is a defense to all crimes.
• It occurs when the defendant is intoxicated without their knowledge or consent (e.g., being drugged).

Question 7

How does mistake of fact apply to specific intent crimes?

Answer 7

• Mistake of fact can be a defense to specific intent crimes, whether reasonable or unreasonable, if it negates the required intent (e.g., theft, assault, murder).

Question 8

Is mistake of law a valid defense?

Answer 8

• Mistake of law is not a valid defense.
• A defendant cannot claim they didn’t know the law, even if they mistakenly believed an act was lawful.

Question 9

What is the difference between legal impossibility and factual impossibility as defenses?

Answer 9

• Legal impossibility: The defendant incorrectly believes they are committing a crime when their conduct is not criminal.
  
  • Example: Importing goods that are not illegal but believed to be illegal.
• Factual impossibility: The defendant cannot complete the crime because of a factual mistake (e.g., using an unloaded gun for robbery).
  
  • Factual impossibility is never a defense.

Question 10

What is entrapment?

Answer 10

• Entrapment occurs when law enforcement induces a person to commit a crime they were not otherwise predisposed to commit.
• The defendant must not have had the intent to commit the crime before being approached by law enforcement.

Question 11

What constitutes duress?

Answer 11

• Duress is when the defendant reasonably believes that they face an imminent threat of great bodily harm or death, and they commit a crime to avoid this threat.
• Exception: Duress is never a defense to murder.

• You are threatened with death unless you kill someone. If you kill the person, can you use duress as a defense?
  Answer: Yes, duress is applicable except for murder.

Question 12

What are the requirements for self-defense?

Answer 12

1. Reasonable belief of imminent danger or bodily harm.
2. Proportional response (use the same level of force).
3. Deadly force is only justified if the threat involves deadly force against the defendant.

Question 13

What is defense of others?

Answer 13

• Defense of others allows the defendant to use reasonable force to defend a third party who is facing imminent danger of harm.
• The defendant can use the same level of force as the third party would be justified to use in self-defense.

Question 14

What is defense of property?

Answer 14

1. The defendant can use reasonable force to defend their property.
2. Deadly force is not allowed unless the defendant is in fear of death or serious bodily harm.
   - AdaptiTip: Deadly force in defense of property is only permitted if the defendant reasonably believes their life or someone else’s life is at risk.

Question 15

What is the necessity defense?

Answer 15

• The defendant reasonably believed that committing a crime was necessary to avoid a greater harm.
• The harm avoided must be imminent, and the crime committed must be lesser than the harm avoided.

Question 16

What is the difference between coercion and duress?

Answer 16

• Coercion typically refers to situations where someone is forced to commit a crime due to an external threat of harm.
• Duress involves a reasonable belief of immediate danger and is a defense to most crimes, but not murder.

Question 17

What is the difference between general intent and specific intent crimes?

Answer 17

• General intent crimes: The defendant only needs the intent to perform the act (e.g., battery, arson, rape, kidnapping).
• Specific intent crimes: The defendant must have the intent to accomplish a particular result (e.g., murder, assault, theft).