Actus, what?! Simplifying Criminal Law for 1Ls

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DEFENSES: (PRACTICE: Multiple Choice Qs!)

This site works best if the ELEMENTS of the DEFENSE have already been discussed and covered in class. The NOTES you get from LECTURE must always supersede the contents of this site . Make sure you thoroughly understand these concepts:

I. What is Mistake of Law? What is Mistake of Fact?

II. What is an EXCUSE? Excuses NEGATE moral blameworthiness of the actor for causing the harm. (Focus- on ACTOR)

Duress(Duress vs. Necessity)
- Immediacy and escapability! D's acts were coerced by a HUMAN force; MUST BE CAUSED BY A HUMAN BEING.
- Common Law- Negates Mens Rea; inflicted by a human agent:
  - (1) An immediate threat of death or serious bodily injury;
  - (2) Well grounded fear that the threat will be carried out;
  - (3) No reasonable opportunity to escape the threatened harm.
- MPC- Only human threats, NO to natural forces, No immediacy required.
Insanity (5 tests)
Intoxication: Involuntary & Voluntary
Infancy
Addiction (New Defense)
Cultural Defense (New Defense)
Impossibility (Factual & Legal)
Abandonment
Withdrawal

III.What is JUSTIFICATION? Justifications NEGATE the social harm. (Focus- on ACT)

Self Defense
Battered Women's Syndrome
Defense of Others
Defense of Property
Defense of Habitation
Necessity (Duress vs. Necessity)

IV. What is MITIGATION? Mitigating factors NEGATE other forms of malice aforethought.

Heat of Passion or Extreme Emotional Disturbance
Diminished Capacity
Imperfect Self Defense

(WARNING: just because it's not listed in here, doesn't mean that it won't be covered on the midterm/final!)

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