Inchoate Crimes/ Partial Defenses
Government officials acting under lawful authority can claim this in order to avoid prosecution.
Example: Soldiers using force during combat.
What is Execution of Public Duty
Using reasonable force to protect oneself from imminent harm.
Self Defense
This defense applies when breaking the law avoids a greater harm.
What is Necessity (“Choice of Evils”)
Defendant claims they were elsewhere when the crime occurred.
What is an Alibi
If a person is in a boxing match, one boxer cannot sue the other for battery after a legal punch. This defense is
What is Consent
A foreign diplomats immune from local prosecution because of this.
What is Diplomatic Immunity
This defense claims that the defendant can use reasonable force used to protect property (never deadly force for property alone).
Defense of Property
This defense can be used when you make an honest mistake about a fact.
What is Mistake of Fact
A procedure in place that says a case must be brought within legal time limits.
What is Statute of Limitations
A woman breaks into a cabin to escape a snowstorm and save her life.
What is Necessity
This partial defense is a mental condition reduces ability to form intent, but doesn’t reach the level of insanity.
Diminished Capacity
A man unknowingly drugged at a party assaults someone they may be able to claim this defense
What is involuntary intoxication
This defense says that a person cannot be tried twice for the same crime after acquittal/conviction.
What is Double Jeopardy
This defense is used when a person commits a crime because someone forced you to, by threatening your life or the life of a loved one.
What is Duress
This partial defense reduces murder to voluntary manslaughter if crime committed in sudden rage after provocation
Provocation/ Heat of Passion
Police can use reasonable force when making an arrest.
Law Enforcement Justification
This test states that the defendant knew the act was wrong, but couldn’t control actions.
What is Irresistible Impulse Test
This is when a defendant given ________ in exchange for testimony.
This occurs when a small-time drug dealer is granted this to testify against a cartel boss.
What is immunity
___________ must occur within timely notice (specific to conspiracy & attempt)
What is Withdraw
This defense can be used when a person breaks the law to prevent a greater harm.
What is Necessity
This defense claims that the Defendant did not know the nature/quality of the act or did not know it was wrong.
What is the M’Naghten Rule
This occurs when a court refuses to hear a case claiming that the court has no authority over the case.
What is Lack of Jurisdiction
This defense can be used when a person charged with a tax crime where the regulation was unpublished and inaccessible.
What is the Mistake of Law