CJL4110 Exam 2

Justifications v Excuses

Justifications: assert act was right under circumstances

• perfect defense

excuses: acknowledge act was wrong but argue defendant wasn’t fully responsible

• imperfect defense

Self Defense

Four Elements:

• Unprovoked Attack: Not aggressor

• Necessity: Imminent threat

• Proportionality: Not excessive

• Reasonable Belief

Perfect Defense

Defendant has no criminal liability

• Justifications

Imperfect Defense

Defendant’s criminal liability is mitigated

• Excuses

Retreat Rule

Requires individuals to retreat safely before using deadly force

• Only applicable in 12 states 

Castle Doctrine

Allows individuals to use deadly force without retreating when attacked in their own home

Stand Your Ground

No duty to retreat before using deadly force

• Must meet self-defense requirements 

Reasonable belief that using/threatening deadly force is necessary to prevent imminent death or great harm

Defense of Others

May use force defense of others

• Same requirements as self-defense

Defense of Property

May use force to defend property

• NOT deadly force: life>property

• Mechanical devices to defend property must be non-deadly

Law Enforcement Use of Force

law enforcement has general privilege to violate law in carrying out duties

• Use force to execute lawful arrest or if suspect flees

• Deadly force only in self-defense

• Never has duty to retreat

Necessity Defense

Justified in committing a crime in order to prevent a greater harm, usually involved in choosing life/safety over property

• Must have imminent threat of harm

• Must cause less harm then harm prevented

• Must not have caused the emergency

• No legal alternatives to prevent the harm

• NEVER a defense to homicide

• Most necessity defenses aren’t successful

Consent Defense

Consent is NOT a defense except when:

• No serious harm or injury results from crime

• Injury occurs during legal sporting event

• Conduct benefits consenting person

• Consent as element of offense (rape/sexual assault)

Insanity Excuse

Legal test, not a medical diagnosis

• Burden of persuasion usually on defendant 

• Usually not successful

Right-Wrong Test

Does the defender have mental capacity to know right from wrong?

• Most common test

Irresistible Impulse Test (Volitional Test)

Did the defendant have a mental disease/defect that gave rise to irresistible impulse to commit a criminal act to the point defendant couldn’t control their conduct?

MPC Substantial Capacity Test

Combines cognitive and volitional tests

• Offender is not responsible if at the time of acting, as a result of a mental disease or defect: Lacks capacity to recognize criminality and conform conduct

• Either cognitive or volitional deficits can establish insanity

Product Test of Insanity

Crimes factually caused by a mental disease or defect should be excused as the “product” of mental illness

• Broadest and most abstract test

Intoxication Excuse

Intoxicated person who commits a crime is acting under diminished capacity

• Includes alcohol and drugs that distort judgement and self-control

• Involuntary intoxication: Works as an excuse

• Voluntary Intoxication: Doesn’t work as an excuse

Infancy/Age Excuse

Under age 7: Conclusive presumption of no capacity

• 7-14: Presumption  of no capacity (overturned with evidence)

• 15+: Same capacity as adults

Duress Excuse

Involves being coerced to commit crime

• criminal act to avoid harm

• Threats by another person

Four Elements of Duress

1. Must be some threat

2. Threat must involve some immediacy

3. Must have fear of harm

4. Duress is not an excuse for homicide

Entrapment Excuse

Law enforcement official inducing defendant to commit a crime

• No constitutional right against entrapment

Subjective Entrapment Test

Did the intent to commit a crime originate with law enforcement

• implanted into the mind of innocent person

• Majority approach

Objective Entrapment Test

Did law enforcement originate the crime to the extent that would induce someone not predisposed?

• Minority approach

1st Degree Murder

Specific intent, premeditation

2nd Degree Murder

Purpose/knowledge, extreme recklessness

Voluntary Manslaughter

Imperfect self-defense, defendant honestly believes they are acting in self-defense when killing another person

• abut it’s an unreasonable, unnecessary force or disproportionate use of deadly force

• Sudden heat of passion: Extreme mental/emotional disturbance causing loss of self control

Involuntary Manslaughter

Mens Rea: Recklessness or criminally negligent

• Defendant creates substantial and unjustifiable risk that results in death

• Reasonable person would have been aware

Depraved Heart Murder

Indifference to human life, extreme recklessness, usually 2nd degree

Felony Murder

If death results from a felony , participating felons can be charged with murder even if unintentional 

• Mostly limited to “dangerous” felonies

Modern Changes to Common Rape Law

No longer requires force, can be a threat of force. No longer requires utmost resistance, non-consent is enough. No marital exception

Rape Extrinsic Force

Some act of force in addition to the sexual act itself

Rape Intrinsic Force

The force inherent in the sexual act itself

Mistake of Consent

Varies by jurisdiction, some states have strict liability rule not allowing for mistakes in regards to consent. Other states allow for reasonable/reckless mistakes

Consent by Deceit

Only non-consent if “fraud in fact”

• “fraud in inducement” doesn’t prove non-consent

Statutory Rape

Victim is below “age of consent”

• Differs by state (FL 18)

• Mistake of age defense is often not allowed

Battery

Purposeful, reckless or negligent touching

Aggravated Battery

use of a weapon resulting in serious injury

Simple Battery

Minor/emotional injury, consent can be used as a defense

Assault

Attempted or threatened battery

Attempted Battery (Assault)

Specific intent to touch unlawfully

• Victim does not need to be aware 

Threatened Battery (Assault) 

Specific intent to cause fear of injury

• Must cause actual fear in victim

Aggravated Assault

Assault with weapon, assault on police officer, assault with intent to commit violent felony

Kidnapping

Actus Reus: Seizing and carrying away the victim

Mens Rea: Specific intent to confine/restrain/hold in secret

Asporation

Movement from original location

• Some distance must be covered to accomplish this objective 

Aggravated Kidnapping

Has a further bad purpose

• Ransom/reward

• Commit another crime ex: robbery/rape

Simple Kidnapping

No further bad purpose/reasoning

False Imprisonment

Actus Reus: Compelling a person to remain where they do not wish to be 

Mens Rea: Specific intent to confine victim 

Larceny

Actus Reus: Taking and carrying away the property of another

Mens Rea: Specific intent to retain possession of property

Embezzlement

Actus Reus: Conversion of employer’s property by employee in lawful possession

Means Rea: Specific intent to retain possession of property

Theft by False Pretenses (Fraud)

Actus Reus: conversion through deception

Mens Rea: Specific intent to retain possession of property through deception

Robbery

Actus Reus: Conversion by force or threat of force

Mens Rea: Specific intent to convert property and specific intent to use force/threat to do so

Degrees of Robbery Based On

• Whether robbers have weapons

• Whether robber acted alone or with accomplices

• Kind and degree of injury inflicted

Extortion

Actus Reus: Conversion by threat of future harm

Mens Rea: Specific intent to convert property by future threat

Extortion Harm

Not limited to bodily harm

• False accusation of crime

• Threat to expose secret that will subject victim to bad reputation, contempt or ridicule 

Receiving Stolen Property

Actus Reus: Receiving control of stolen property

Mens Rea: Varies by jurisdiction

• Majority Views: Believes to be stolen

• Minority Views: Negligence/recklessness, defendant should have been aware

Arson

Actus Reus: Burning a building by fire/explosion

Mens Rea: General intent to start a fire

1st degree: Intent to destroy building type structure

2nd degree intent to cause burning for another purpose 

Criminal Mischief

Actus Reus: Damaging or tampering with or treating the property of another

Mens Rea: Purposely knowingly, recklessly or negligently 

• Degree of crime is function of acts reus+mens rea

Burglary

Actus Reus: Breaking and entering an occupied structure with intent to commit a crime inside

Mens Rea: Specific intent to break/enter and to commit crime inside 

• Differs from common law by no longer requiring “force”, “dwelling” and “night time”

• States also now vary in requiring intent to commit felony inside

Trespass

Actus Reus: Unauthorized entering or remaining on the premises

Mens Rea: Varies by jurisdiction

• Majority View: Knowledge

• Minority view: Specific intent

Degree’s of Trespass

Misdemeanor: Trespass of occupied dwelling at night

Petty misdemeanor: trespass of occupied structure 

Violation: Trespass on land where notice given