Lecture 2

Technical defense

-time delay

Duress/Necessity defense

threat of death or serious harm
-immediate
-no murder
-cannot have put yourself in the situation (gang)

Insanity defense

NCRMD
-did not know nature of act
-did not know act was wrong

Intoxication defense

negate specific intent
-guilt of lesser charge

Consent defense

MAID -medical assistance in dying
often sexual assault cases

Mistake of Fact defense

-ignorance of the law doesn't count
mistakenly commit crime, not knowing facts
--take the wrong jacket home because it is identical

Self-Defense

a) force/threat being made against them/loved one
b) defending themselves
c) reasonable in circumstance
--were there alternatives, weapons, proportionality

Battered wife syndrome

court may admit expert testimony
-used to be tried as self-defense