Study Notes- Criminal Defenses

duress coerced person is morally blameless but not

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Unformatted text preview: an aggressor. The intervenor’s right to use force parallels the third party’s apparent right of self- defense. That is, the third party may use force when, and to the extent that, she reasonably believes that the third party would be justified in using force to protect herself. Excuses Excuse <one that indicates that, although the actor committed the elements of the offense, and although his actions were unjustified, the law does not blame him for his wrongful conduct.> • Duress: coerced person is morally blameless, but not that she has done nothing wrong. This sort of person lacks a fair opportunity to conform her conduct to the law. o Generally, a defendant will be acquitted of an offense other than murder on the basis of duress is she proves that she committed the offense because: (a) another person unlawfully threatened imminently to kill or injure her or another person unless she committed the crime and (b) she is not at fault in exposing herself to the threat. • Intoxication: disturbance of an actor’s mental or physical capacities resulting from the ingestion of any foreign substance, including lawfully prescribed medication o A person is never excused for criminal conduct, but he may not be guilty of a specific- intent offense o Fixed insanity from long- term use of alcohol or drugs can cause brain damage or chronic mental illness but the applicable defense is insanity. Involuntary intoxication can lead to lack of mens rea or temporary insanity: Coercion Mistake: actor innocently ingests intoxicant Prescribed medication: unexpected intoxication from prescribed drug, due to like allergic reaction or something Pathological intoxicat...
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