Chapter 9 Excuses. Lippman, Contemporary Criminal Law, Second Edition Chapter Summary Excuse Defenses Excuse Defenses Insanity Defense Insanity Defense

Chapter 9Chapter 9

ExcusesExcuses

Lippman, Contemporary Criminal Law, Second Edition

Chapter SummaryChapter Summary

Excuse DefensesExcuse Defenses Insanity DefenseInsanity Defense Diminished Diminished

ResponsibilityResponsibility AgeAge DuressDuress

Mistake of LawMistake of Law Mistake of FactMistake of Fact EntrapmentEntrapment New DefensesNew Defenses


IntroductionIntroduction

Defendant acknowledges that the Defendant acknowledges that the law has been broken, however, the law has been broken, however, the defendant is not responsible.defendant is not responsible.

Affirmative defenseAffirmative defense


Insanity DefenseInsanity Defense

Defendant must show insanity at trial by Defendant must show insanity at trial by offering expert testimony to the fact.offering expert testimony to the fact.

In some states, when found not-guilty by In some states, when found not-guilty by reason of insanity, defendant is committed reason of insanity, defendant is committed to a mental institution until it is confirmed to a mental institution until it is confirmed that defendant no longer poses a danger that defendant no longer poses a danger to society.to society.

Civil commitment hearings are often Civil commitment hearings are often conducted to determine defendant’s conducted to determine defendant’s danger to society.danger to society.


Insanity Defense, cont.Insanity Defense, cont.

This defense is important for three reasonsThis defense is important for three reasons to ensure only those with free will are punishedto ensure only those with free will are punished it would be cruel to seek retribution against it would be cruel to seek retribution against

those unable to control their actionsthose unable to control their actions such an individual may still pose a danger to such an individual may still pose a danger to

society and thus need professional treatmentsociety and thus need professional treatment Insanity defense is distinct from a Insanity defense is distinct from a

determination of competency to stand trial.determination of competency to stand trial.


Tests for InsanityTests for Insanity M’Naghten RuleM’Naghten Rule

used by most states and the federal used by most states and the federal governmentgovernment

defendant, at the time of the crime, suffered defendant, at the time of the crime, suffered from such a defect of reason that from such a defect of reason that defendant :did not know what defendant was defendant :did not know what defendant was doing” or “did not know right from wrong”doing” or “did not know right from wrong”

Irresistible Impulse TestIrresistible Impulse Test a “disease of the mind” caused defendant to a “disease of the mind” caused defendant to

not know right from wrong, destroyed not know right from wrong, destroyed defendant’s free will, and was the sole cause defendant’s free will, and was the sole cause of the actof the act


Tests for Insanity, cont.Tests for Insanity, cont.

Durham Product TestDurham Product Test the act was a product of a mental the act was a product of a mental

disease or defectdisease or defect Model Penal Code Standard Model Penal Code Standard

(Substantial Capacity Test)(Substantial Capacity Test) defendant lacks the capacity to defendant lacks the capacity to

appreciate the criminality of conduct or appreciate the criminality of conduct or to conform to conduct required by lawto conform to conduct required by law


Legal EquationLegal Equation








Criticisms of Insanity Criticisms of Insanity DefenseDefense

Biased for wealthy defendantsBiased for wealthy defendants Goes against theories of punishmentGoes against theories of punishment A fine line exists between sanity and A fine line exists between sanity and

insanityinsanity Psychological experts often give Psychological experts often give

conflicting testimony using technical conflicting testimony using technical jargon that can be confusing for jargon that can be confusing for jurorsjurors


Diminished Diminished ResponsibilityResponsibility

Some defendants have the right to Some defendants have the right to demonstrate a lack of capacity to demonstrate a lack of capacity to form required intent.form required intent.

Voluntary intoxication can serve as a Voluntary intoxication can serve as a slight mitigating factor, in some slight mitigating factor, in some states.states.

Many states have returned to the Many states have returned to the common law rule that intoxication is common law rule that intoxication is no defense.no defense.


Involuntary IntoxicationInvoluntary Intoxication

Serves as a defense insomuch as it Serves as a defense insomuch as it is applied to the jurisdiction’s test is applied to the jurisdiction’s test for insanityfor insanity

Can occur by means of duress, Can occur by means of duress, mistake, fraud, or medicationmistake, fraud, or medication


AgeAge

Common law recognized three Common law recognized three categories of increasing categories of increasing responsibilityresponsibility Under seven years lack capacity to Under seven years lack capacity to

form intentform intent Between seven and fourteen assumed Between seven and fourteen assumed

to lack capacity, but is rebuttable at to lack capacity, but is rebuttable at courtcourt

Over fourteen possess adult capacityOver fourteen possess adult capacity


DuressDuress

Common law excused guilt from those Common law excused guilt from those who committed a crime to avoid who committed a crime to avoid imminent death or bodily harm.imminent death or bodily harm.

People cannot be expected to act in a People cannot be expected to act in a heroic fashion or resist threats of death heroic fashion or resist threats of death or serious bodily harm.or serious bodily harm.

Those who commit crime in response to a Those who commit crime in response to a severe threat lack intent.severe threat lack intent.

Those who commit crime under duress Those who commit crime under duress act in an involuntary manner.act in an involuntary manner.




Mistake of LawMistake of Law

Ignorantia lexis non excusatIgnorantia lexis non excusat, , “ignorance of the law is no excuse.”“ignorance of the law is no excuse.”

People are expected to know the law.People are expected to know the law. Ignorance may falsely be claimed.Ignorance may falsely be claimed. Individuals cannot be permitted to Individuals cannot be permitted to

define the law, themselves.define the law, themselves. Notice of new laws must be given to Notice of new laws must be given to

citizens.citizens.


Mistake of FactMistake of Fact

Model Penal Code Model Penal Code ““ignorance or mistake is a defense ignorance or mistake is a defense

when it negates the existence of a state when it negates the existence of a state of mind that is essential to the of mind that is essential to the commission of an offense”commission of an offense”

Mistake must be honest and in good Mistake must be honest and in good faith.faith.




EntrapmentEntrapment

Conception and planning of an Conception and planning of an offense by an officer, and his offense by an officer, and his procurement of its commission by procurement of its commission by one who would not have perpetrated one who would not have perpetrated it except by the trickers, persuasion, it except by the trickers, persuasion, or fraud of the officeror fraud of the officer


Tests for EntrapmentTests for Entrapment

SubjectiveSubjective focuses on the defendantfocuses on the defendant did defendant possess a predisposition to did defendant possess a predisposition to

commit the crime whether or not the commit the crime whether or not the government created the offensegovernment created the offense

ObjectiveObjective focuses on the conduct of the governmentfocuses on the conduct of the government did the conduct of the government fall did the conduct of the government fall

below standards to which common feelings below standards to which common feelings respondrespond




New DefensesNew Defenses

AbuseAbuse battered wife or childbattered wife or child the criminal act was a result of abusethe criminal act was a result of abuse

XXY ChromosomeXXY Chromosome PMS PMS Postpartum PsychosisPostpartum Psychosis EnvironmentalEnvironmental


New Sociological New Sociological DefensesDefenses

Black RageBlack Rage Urban SurvivorUrban Survivor Media IntoxicationMedia Intoxication Rotten Social BackgroundRotten Social Background


Cultural DefensesCultural Defenses

The defendant’s native culture The defendant’s native culture allows activity that is illegal in the allows activity that is illegal in the Unites StatesUnites States

Typically unsuccessful at trialTypically unsuccessful at trial

Documents

Chapter 9 Excuses. Lippman, Contemporary Criminal Law, Second Edition Chapter Summary Excuse Defenses Excuse Defenses Insanity Defense Insanity Defense