flashcards

Flashcard Set: Criminal Law Defenses & Concepts

Withdrawal from Conspiracy

Front:
What must a conspirator do to successfully withdraw from a conspiracy?

Back:

  • Must actively attempt to convince others to abandon the plan.

  • Must retract contributions (e.g., tools, weapons, funds).

  • Must withdraw before the crime is committed for it to be legally recognized.

  • Under MPC, thwarting the crime after withdrawal may avoid charges entirely.

Front:

If a conspirator withdraws but the crime still occurs, are they criminally liable?

Back:
Yes, withdrawal does not absolve prior conspiracy liability unless they thwart the crime under MPC.

Attempt to Commit a Crime

Front:
What qualifies as an attempt to commit a crime?

Back:

  • Taking a substantial step toward committing a crime.

  • Intent to complete the crime (e.g., attempted murder requires intent to kill).

Front:

What is the difference between the Last Proximate Act Test and the MPC Substantial Step Test?

Back:

  • Last Proximate Act: Requires the final step before committing the crime (mostly rejected).

  • MPC Substantial Step: Any act strongly corroborating intent can qualify as an attempt.

Legal vs. Factual Impossibility

Front:
What is the difference between legal impossibility and factual impossibility in an attempted crime?

Back:

  • Legal Impossibility: The act is not actually illegal (valid defense).

  • Factual Impossibility: Crime fails due to outside factors (not a valid defense).

Example:

  • Legal: Trying to hunt an animal that is actually legal to kill.

  • Factual: Trying to pickpocket an empty pocket.

Insanity Defense

Front:
What are the two major insanity tests used in court?

Back:

  1. M'Naghten Rule – Did not understand their actions or that they were wrong.

  2. Irresistible Impulse Test – Knew their actions were wrong but could not control them.

Intoxication Defense

Front:
What is the difference between voluntary and involuntary intoxication as a defense?

Back:

  • Involuntary Intoxication: Can be a complete defense if it results in insanity.

  • Voluntary Intoxication: Only applies to specific intent crimes, not general intent.

Mistake Defense

Front:
Can a mistake of fact be a defense in a crime?

Back:

  • Yes, for general intent crimes, if the mistake was reasonable.

  • Yes, for specific intent crimes, even if unreasonable.

  • Not a defense for strict liability crimes.

Necessity Defense

Front:
When can necessity be used as a legal defense?

Back:

  • When committing a crime was the only way to prevent a greater harm.

  • Exception: Cannot justify taking another person’s life.

Example:
Breaking into a cabin to avoid freezing to death in a blizzard.

Duress Defense

Front:
What must be proven to claim duress as a defense?

Back:

  • Immediate threat of serious harm.

  • No reasonable way to escape.

  • Cannot be used for murder charges.

Example:
A bank teller is forced at gunpoint to hand over money.

Self-Defense

Front:
When can a person legally use self-defense?

Back:

  • When facing imminent unlawful harm.

  • Force used must be proportional to the threat.

  • Deadly force is only justified against a deadly threat.

Defense of Others

Front:
What are the legal requirements for defending another person?

Back:

  • Must reasonably believe the other person faces imminent harm.

  • Must use proportionate force.

Defense of Dwelling

Front:
Can deadly force be used to defend a home?

Back:

  • Depends on jurisdiction.

  • Castle Doctrine allows deadly force if an intruder threatens harm.

  • Stand Your Ground Laws remove the duty to retreat.

Entrapment

Front:
What is entrapment, and when can it be used as a defense?

Back:

  • When law enforcement induces someone to commit a crime they would not have otherwise committed.

  • Does not apply if the defendant was predisposed to commit the crime.