Self Defense
Accomplice Liability
Necessity/Duress
Intoxication
Insanity
100
What is the aggressor rule?
An initial aggressor cannot claim self-defense unless the initial aggressor ♣ Withdraws from the initial aggression, and ♣ Communicates that withdrawal
100
What is the rule for accomplice liability?
Aid, Advise, Encourage! o Accomplices must also have the requisite intent to aid and intent that the crime be committed o Accomplices are liable for the crime itself and all other foreseeable crimes
100
What is the clean hands doctrine?
Defendant cannot be contributorily negligent in bringing about his necessity
100
Does voluntary intoxication just include alcohol?
No Not just alcohol, can be anything that induces you into a state (i.e. Rx drugs, etc.)
100
What do you need for an insanity defense?
Mental disease or defect is starting point, then have to meet test that is used in that jx
200
What are the minority and majority rules on retreat?
Majority Rule- An actor is not required to retreat (“stand your ground rules”) Minority Rule- An actor is required to retreat if the actor knows that he or she can do so in complete safety, unless the actor is in his or her home, in which case the actor is not required to retreat unless the actor is the initial aggressor
200
Is mere presence enough for accomplice liability?
NO o Have to have intent to aid in the completion of the crime o Principal must have knowledge of the accomplice
200
What is common law necessity?
o D must reasonably believe the harm avoided is a imminent, significant evil o D must reasonably believe no adequate legal alternatives exist o Harm cause < harm avoided o Limited to situations caused by natural forces o Almost never at play in murder cases o Clean hands doctrine applies
200
Can you decide to kill someone, get drunk, and then kill them and be off the hook?
NO can only negate mens rea if you did not have the intent prior to intoxication
200
What is a deific decree?
You are insane if God commands you to commit the crime
300
What is battered spouse syndrome?
Situations where one spouse has achieved almost complete control and submission of the other by both psychological and physical domination
300
Can an aider/abettor be guilty of a higher crime than the principal?
Yes - Aider and abettor can be guilty of higher crime than principal. However, always have to look at mens rea of the aider and abettor…mens rea must be the intent for the higher crime
300
What is common law duress?
o D must reasonably believe that the threat is real and imminent o The threat must be one of death or serious bodily injury to D or a close relation (can’t be a friend) o D must reasonably believe that he or she has no reasonable opportunity to escape the situation o DOES NOT apply to murder o The clean hands doctrine applies
300
What crimes does voluntary intoxication act as a defense against?
Specific intent crimes
300
What is the MPC rule for insanity?
An actor is insane if at the time of the criminal conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality (wrongfulness) of his conduct or to conform to the requirements of law
400
What is the imperfect self defense doctrine?
An initial aggressor cannot claim self-defense unless the initial aggressor ♣ Withdraws from the initial aggression, and ♣ Communicates that withdrawal
400
What is the rule for justification/excuse of accomplice liability?
A third party has the right to assist an actor in a justified act and cannot be held liable for aiding and abetting. However, excuses are always personal to the actor (slight majority rule)
400
What is MPC duress?
o No explicit imminence requirement o Can apply to any crime (even murder) o Imperfect self defense applies if you’ve negligently put yourself in the situation or anything more than negligence (reduces crime/sentence)
400
What crimes does involuntary intoxication defend against?
ALL crimes
400
What is the predominant common law test for insanity?
M’Naghten Rule (right-wrong test)- Mental disease or defect causes ignorance of law (or social morality)
500
What are the requirements of self defense?
♣ A THREAT, actual or apparent, of the use of DEADLY FORCE against the defender ♣ The threat must have been UNLAWFUL and IMMEDIATE ♣ The defender must have believed that he was in IMMINENT PERIL OF DEATH or serious bodily harm, and that his response was necessary to save himself therefrom ♣ These beliefs must not only have been HONESTLY ENTERTAINED, but also OBJECTIVELY REASONABLE in light of the surrounding circumstances
500
What is the Formella Rule?
o Change of heart is not enough…have to do something affirmative ♣ If the person encouraged the crime, the person must repudiate the encouragement o Affirmative act depends on what you did to aid (contacting police always affirmative act) o Accomplice does not need to effectively prevent the crime from happening…just need to remove what they added o Withdrawal has to be accompanied by some expression of disapproval to people committing offense and has to be early enough for them to rethink the commission of the crime (MPC)
500
What is the duress/necessity rule in prison?
Most courts treat the failure to surrender as a disqualifying factor (majority rule)
500
Do you have a defense if you become intoxicated under duress?
Yes; it's involuntary intoxication.
500
What are the two common law insanity rules (other than the majority rule)?
Irresistible Impulse (control test) – An actor is insane if as a result of a diseased condition of the mind, he is by an insane impulse irresistibly driven to commit the crime Durham Rule (“product” rule) – An actor is insane if his unlawful act was the product of a mental disease or defect
M
e
n
u