Defenses: Module 5 of 5

Summary

This video explains the two broad categories of legal defenses in criminal law: justifications and excuses. Justification defenses, like self-defense and necessity, argue that the act was warranted due to circumstances, while excuse defenses, such as insanity and duress, focus on the defendant’s mental state or conditions. The script covers a wide array of defenses, including the Castle Doctrine, battered women’s syndrome, and the Model Penal Code test for insanity. It also highlights the nuances of defenses like diminished capacity, consent, and entrapment, providing insight into how these defenses are applied in various legal situations.

Takeaways

• 😀 Legal defenses in criminal law fall into two broad categories: justifications and excuses. Justification defenses focus on the circumstances of the act, while excuse defenses consider the defendant's mental state.
• 😀 Self-defense is a justification defense where a person uses force to protect themselves from an unlawful threat. The force used must be proportionate and necessary to counter the immediate threat.
• 😀 Under the Castle Doctrine, there is no duty to retreat if attacked in one's own home. Stand Your Ground laws may also remove the duty to retreat in certain jurisdictions.
• 😀 Defense of others is similar to self-defense, where a person can use reasonable force to protect another from imminent harm, provided the belief that harm is imminent is reasonable.
• 😀 The defense of necessity applies when an individual commits a crime to prevent a greater harm. However, it cannot be used in cases of intentional homicide or if the defendant created the situation leading to the need for the criminal act.
• 😀 Consent can be a defense to crimes like assault if the victim consents to the act. However, consent cannot be used as a defense for violent crimes such as murder or serious bodily injury.
• 😀 The insanity defense excuses criminal liability if a defendant was legally insane at the time of the offense. There are various tests, such as the McNaughton Rule and the Model Penal Code test, used to determine insanity.
• 😀 Diminished capacity is a defense that applies to specific intent crimes, where a defendant's mental state prevents them from forming the specific intent to commit the crime.
• 😀 Duress is a defense where a defendant commits a crime under the threat of imminent harm. The defense is not available for homicide charges and is not valid if the defendant recklessly put themselves in a situation that led to the duress.
• 😀 Mistake of fact can negate an element of a crime, such as when a person commits theft under the mistaken belief that the property belonged to them. Mistake of law is generally not a valid defense, although it can be in some specific situations like tax evasion.
• 😀 Infancy is a defense where children under a certain age (usually seven or younger) are presumed incapable of forming criminal intent. Juvenile offenders may face different legal proceedings and sentences based on their age.
• 😀 Entrapment occurs when law enforcement induces a person to commit a crime that they otherwise wouldn't have committed. For this defense to succeed, the defendant must prove they had no predisposition to commit the crime.

Q & A

What are the two broad categories of legal defenses in criminal law?

The two broad categories of legal defenses in criminal law are justifications and excuses. Justification defenses focus on the circumstances surrounding the act, while excuse defenses focus on the defendant's mental state or beliefs at the time the act was committed.

What is self-defense, and what are the conditions under which it can be applied?

Self-defense is the use of force to protect oneself from unlawful force by another person. It can be applied if the actor reasonably believes force is necessary to protect themselves against imminent harm, and if the response is proportional to the threat. Additionally, the force used must not exceed the harm threatened, and there may be a duty to retreat if safe withdrawal is possible, except in cases where the Castle Doctrine or Stand Your Ground laws apply.

What is the Castle Doctrine, and how does it relate to self-defense?

The Castle Doctrine is a legal principle that removes the duty to retreat when a person is attacked in their own home. This means that if someone is attacked in their home, they do not have to retreat before using force in self-defense, as exemplified in the North Carolina case of State v. Browning.

What does the defense of necessity entail in criminal law?

The defense of necessity applies when a person commits a criminal act to prevent a greater harm from occurring. It requires the actor to reasonably believe that the conduct was necessary to avoid imminent harm, that the harm avoided outweighs the harm caused by the criminal act, and that no reasonable alternative existed.

Under what circumstances can the defense of consent be used?

The defense of consent can be used when the victim agrees to an act that would otherwise constitute a crime, such as in cases of assault during a contact sport. However, consent must be given voluntarily and intelligently, and it cannot be used in cases of violent crimes like murder or serious assault, unless the benefits outweigh the risks (e.g., in life-saving surgery).

What is the difference between justification and excuse defenses in criminal law?

Justification defenses argue that the defendant's conduct was appropriate or warranted given the circumstances, such as in self-defense or defense of others. Excuse defenses, on the other hand, argue that the defendant should not be held responsible due to their mental state, such as in cases of insanity or diminished capacity.

What is the legal standard for determining insanity in criminal law?

There are four main tests used to determine if a defendant is legally insane: the McNaughton rule, the irresistible impulse test, the Model Penal Code test, and the Durham rule. These tests assess whether the defendant understood the nature of their actions or was unable to control their behavior due to a mental disease or defect.

What is diminished capacity, and how does it differ from the insanity defense?

Diminished capacity is a defense used to argue that the defendant lacked the mental capacity to form the specific intent required for a crime, often resulting in a reduced charge. It differs from the insanity defense, which seeks to absolve the defendant of criminal responsibility altogether due to their mental state at the time of the crime.

What are the requirements for the defense of duress in criminal law?

The defense of duress applies when a person commits a crime under the threat of imminent serious bodily harm or death. The defense requires that the threat must be immediate, create a reasonable fear, and leave no reasonable means of escape. Duress is not a defense to homicide charges.

How does the defense of mistake of fact work in criminal law?

The defense of mistake of fact can negate an element of a crime, such as when a defendant mistakenly believes property belongs to them in a theft case. However, it is not a defense for crimes committed out of negligence or recklessness. A mistake of law is generally not a valid defense, unless it negates a required element of the crime, such as knowledge of tax liability in a tax evasion case.

What is the defense of entrapment, and when can it be successfully used?

Entrapment occurs when law enforcement induces a person to commit a crime they would not have committed otherwise. It can be successfully used if the defendant can show that they had no predisposition to commit the crime and that the idea to commit the crime originated from the police, rather than from the defendant themselves.