Exam 2 Study Guide Criminal Law

Affirmative Defenses

Defendant admitted to criminal conduct but justified

Burden of Production

In legal proceedings, the burden of production for an affirmative defense lies entirely on the defendant

Burden of Persuasion

On both the defendant and the prosecution. The burden of persuasion for justifications is on the prosecution and for excuses, it is on the defendant.

Perfect Defense

no criminal liability; universal; justifications are perfect defenses

Imperfect Defenses

defendant’s criminal liability is mitigated. Excuses are usually imperfect and individual

Unprovoked attack

You aren’t the initial aggressor (expection: withdrawal rule)

Necessity/Imminent Threat

Force used must be necessary to protect the defendant or someone else against threat or harm

Proportionality Rule

Forced used in self defense must not be disproportionate. Not exactly proportional but not excessive

Reasonable Belief

The defendant must believe force was necessary and proportional. This is a subjective test (do we believe the defendant?)

Defendant’s Belief

Must be reasonable. Reasonable belief standard is compromise between pure objective standard (was there an actual threat) and a pure subjective standard (did victim perceive threat)

Retreat Rule

Obligation to escape safely if you could before using deadly force. To avoid unnecessary death when possible. Reasonable person would believe escape is possible.

Castle Doctrine

No duty to retreat in one’s home. If attacked in one’s home, can use deadly force

Stand Your Ground Rule

No duty to retreat before using deadly force. Victim can meet deadly force with deadly

Defense of Others

May use force in defense to others. Same requirements as self defense

Defense to Property

May use force to defend property. May not be deadly. Life > Property. mechanical devices to protect property must be non-deadly (barbed wire=okay, booby trap= not okay.

Law Enforcement Use of Force

Person engaged in law enforcement has general privilege to violate law in carrying out duties. Can use force to execute a lawful arrest, if suspect resists arest, or if suspect flees arrest. Deadly force can only be used in self defense or if suspect flees from dangerous felony arrest. Does not have duty to retreat.

Necessity Defense

Defendants may be justified in committing a crime in order to prevent a greater harm. Choice of Evils: the lesser of the evil

Elements of Necessity Defense

Imminent threat of harm has to be immediate threat. No legal alternatives to prevent harm must cause less harm than harm prevented. Must not involve weighing of values that legislature has already taken into account. Must not have caused the emergency, “clean hands” requirement.

Consent Defense (Can Consent Justify Crime?)

Places high value on individual autonomy but do not allow crime as long as victim consents. Consent is not a defense.

Situations Where Consent Can Be Defense

No serious injury results from crime. Injury occurs during legal sporting event. Conduct benefits consenting person. Consent as element of offense.

Requirements for Vaild Consent

Voluntary, Knowing:not a mistake, Made with capacity (victim cannot be too young, mentally incapable)

Excuses: Insanity

Legal test not medical diagnosis. ( Right-Wrong test)

Cognitive Test of Insanity

Does the offender have mental capacity to tell right from wrong? Mental Disease:psychosis. Mental Defect: brain damage/defect

Volitional Test of Legal Insanity (irresistible impulse test)

Volitional (willpower) test. Not knowing right or wrong but whether mentally ill person can control themselves (willpower). Irresistible Impulse- did defendant have mental disease/defect that gave rise to irresistible impulse to commit a criminal conduct, such that the defendant couldn’t control it?

Substantial Capacity Test of Legal Insanity (MPC)

Combines cognitive and volitional test

Excuse of Age (Infancy) Under 7

Under 7: conclusive presumption of no capacity

Excuse of Age (Infancy) 6

A 6 year old killing someone is not criminally responsible

Excuse of Age (Infancy) 7-12

Rebuttal presumption of no capacity. Presumption can be overturned by evidence. Burden on state to show child had adult capacity when committing crime

Excuse of Age (Infancy) 14

Same capacity as adult

Judicial Wavier

Legal process in which a juvenile court judge transfers a case from juvenile justice system to the adult criminal court. Allows the youth to be tried and sentenced as an adult

Duress Defense

Similar to necessity; necessity is a justification while duress is an excuse. Involves being coerced to commit a crime, criminal act to avoid harm, and threat byh another person

Intoxication Defense

Influenced by substance that distorts mental or physical capacities

Voluntary Intoxication Defense

No excuse but may still give rise to failure of proof defense for specific intent crimes

Involuntary Intoxication Defense

Can be used as an excuse, physically coerced or reasonably tricked intoxication

Entrapment Defense

Involves a law enforcement official inducing a defendant to commit crime. All states allow affirmative defense of entrapment

Entrapment Defense ( Subjective Test )

Did intent to commit crime originate with law enforcement, implanted in the mind of an innocent person

Majority Approach

If person was predisposed to commit crime, it is permissible for law enforcement to induce

Entrapment Defense ( Objective Test )

Did law enforcement originate the crime, where their participation would induce someone not predisposed

Minority Approach

Even if predisposed, still can prove entrapment

1st Degree Murder

Specific Intent, premeditation

2nd Degree Murder

Purpose/knowledge, extreme recklessness

Depraved Heart Murder

Extreme recklessness: “indifference to human life” Not involuntary manslaughter but so recklessly extreme that it is malicious

Felony Murder

If death results from a felony, participating felons can be changed with murder. Ex: Death from bank robbery

Voluntary Manslaughter

Purpose with sudden heat of passion based on adequate provocation, Imperfect defense

Involuntary Manslaughter

Recklessness or criminally negligent . Defendant creates substantial and unjustifiable risk that results in death

Rape Shield Statutes

Prohibiting defense from offering victim’s sexual reputation as evidence that she/he is not crediable

Intrinsic Rape Force

Effort needed for penetration is sufficient to prove force

Extrinsic Rape Force

Some act of force in addition to effort needed to accomplish penetration

Negligent Mistake Rule

Some jurisdictions allow defense for non negligent mistakes

Reckless Mistake Rule

A few jurisdiction allow defense for non reckless mistakes

Actus Reus

Unlawful touching (attempted battery)

Mens Rea

Purposeful, reckless or negligent touching

Aggravated Battery

Weapon, or serious injury (felony)

Simple Battery

No serious injury, no weapon (misdemeanor) threat plus fear

Threatened Battery

Specific intent to frighten

Attempted Battery

Specific intent touch unlawfully, victim does not need to be aware, attempt usually a separate crime

Stalking (Actus Reus)

Following, spying, tormenting, or harassing more than once

Stalking (Mens Rea)

Specific intent, bad result (fear) caused on purpose, or recklessly, or negligent

Asportation

Seizing and carrying away the victim

False Imprisonment

Compelling a person to remain where they do not wish to be

Crimes Against Property Larceny

taking and carrying away property of another

Crimes Against Property Robbery

Conversion by force or threat of force

Crimes Against Property Extortion

Conversion by threat of future harm

Arson

Burning a building by fire/explosion

Criminal Mischief

Destroying/damaging or tampering or threatening the tangible property of another

Burglary

Unauthorized entering or remaining on the premises of another person

Majority View (MPC)

knowledge, the defendant must know they are trespassing

Minority View

Specific intent, the defendant must purposely trespass

Misdemeanor

Trespass of occupied dwelling at night

Petty Misdemeanor

Trespass of occupied structure

Violation

Trespass on land where notice given

Identify Theft

Conversion of property through stolen identify

Federal Anti-Identify Theft Law

It establishes identify theft as a distinct crime against the individual victim and makes it a federal offense to knowingly transfer or use another person’s means of identification without lawful authority