Negating Criminal Capacity
Voluntary Intoxication (elements and applicable crimes)
- voluntary, intentional taking of a substance known to be intoxicating
- defense to specific intent crimes if intoxication prevents formation or required intent
Applicable Crimes
All crimes
Self-Defense; Defense of Others; Defense of Dwelling; Defense of Other Property (nondeadly and deadly force)
- Defendant reasonably believes for is necessary to:
1) protect self or other person OR
2) prevent/end unlawful entry
3) defend property in their possession when a request to desist would not suffice
- deadly force is only allowed when defendant reasonably believes there is a threat of great bodily harm to a person or to prevent a felony inside a dwelling
Duress (applicable crimes and when available)
- all crimes except intentional homicide
- defendant reasonably believed that another would imminently harm them or a family member if they did not commit the crime
Malice
Requires (at a minimum) reckless disregard of an obvious or high risk that a particular harmful result would occur
Involuntary Intoxication (elements and applicable crimes)
- taking intoxicating substance without knowledge of its nature, under duress, or pursuant to medical advice
- may be a defense to all crimes if it meeds the appropriate insanity test
M'Naghten Test
Disease of the mind caused a defect of reason so defendant lacked the ability at the time of their actions to know wrongfulness or understand the nature and quality of their actions
Crime Prevention (non-deadly and deadly force)
Non-deadly: Defendant reasonably believes force is necessary to prevent felony or serious breach of the peace
Deadly: only to the extent Defendant reasonably believes deadly force is necessary to prevent or end a felony risking human life
Mistake of Fact (applicable crimes and when available)
- crimes with a mental state element (all crimes except strict liability)
- for specific intent crimes, any mistake that negates intent; for other crimes, only reasonable mistakes
General Intent
Defendant must be aware:
1) they are acting in the proscribed manner AND
2) any attendant circumstances required by the crime are there
Infancy (elements and applicable crimes; modern and common law)
Common Law
- defendant under age 14
- under age 7: absolute defense to all crimes
- under age 14: rebuttable presumption of defense
Modern Statutes
- defendant under age 13 or 14
- defense to adult crimes but may still be delinquent
Irresistible Impulse Test
Unable to control actions or conform conduct to the law
Effectuate Arrest (police; non-deadly and deadly)
Non-deadly: officer reasonably believes force is necessary to arrest
Deadly: only to prevent escape of felon, and police officer reasonably believes that the suspect threatens death or great bodily harm
Mistake of Law (applicable crimes and when available)
- crimes with a mental state element and statutory crimes
- mistake must
1) negate awareness of some aspect of law regarding the elements of the crime required OR
2) be due to statute not being reasonably available or reasonable reliance on statute or judicial interpretation
MPC Purposely
Conscious object to engage in act or cause a certain result
Diminished Capacity (elements and applicable crimes)
*note, applicable only in some states*
- as a result of mental defect short of insanity, defendant did not have the required mental state to commit the crime
- limited to specific intent crimes
Durham Test
Crime was product of mental disease or defect
Effectuate Arrest (private person; non-deadly and deadly)
Non-deadly: if crime in fact was committed and the arrester has a reasonable belief that this person committed it
Deadly: only to prevent escape of person who actually committed a felony and the person reasonably believes that the suspect threatens death or great bodily harm
Consent (applicable crimes and when available)
- crimes requiring lack of consent (rape, kidnapping, etc.) and minor assaults and batteries
- applicable only if:
1) consent is freely given
2) the party is capable of consenting AND
3) no fraud was used to obtain consent
MPC Knowingly (re nature of conduct and result)
- aware of the nature of conduct or that certain circumstances exist
- knows that conduct will necessarily or very likely cause result
Defense of Resisting Arrest (non-deadly and deadly)
Non-deadly: if improper arrest
Deadly: improper arrest AND Defendant doesn't know arrester is a police officer
The defendant has a mental disease or defect and, as a result, they lacked the substantial capacity to either (1) appreciate the criminality of their conduct; or (2) conform their conduct to the requirements of law
*CMR just says "combination of M'Naghten and irresistible impulse tests which is not helpful"
Necessity (non-deadly and deadly)
Non-deadly: if reasonably necessary to avoid greater harm
Deadly: never
Entrapment (applicable crimes and when available)
- most crimes, but not available if the police merely provide the opportunity to commit the crime
- criminal design originated with the please and the defendant was not predisposed to commit the crime before contact with police
MPC Negligently
1) failure to be aware of a substantial deviation from the standard of care AND
2) failure is a substantial deviation from the standard of care