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Questions and Answers
It is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was ______.
It is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was ______.
wrong
The term 'mental disease or defect' does not include an abnormality manifested only by repeated criminal or otherwise ______ conduct.
The term 'mental disease or defect' does not include an abnormality manifested only by repeated criminal or otherwise ______ conduct.
antisocial
It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of ______ required for commission of the offense.
It is a defense to prosecution that the actor through mistake formed a reasonable belief about a matter of fact if his mistaken belief negated the kind of ______ required for commission of the offense.
culpability
An actor's mistake of fact may constitute a defense to the offense charged, but he may nevertheless be convicted of a lesser included ______.
An actor's mistake of fact may constitute a defense to the offense charged, but he may nevertheless be convicted of a lesser included ______.
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It is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken ______.
It is no defense to prosecution that the actor was ignorant of the provisions of any law after the law has taken ______.
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An affirmative defense can be claimed if the actor reasonably believed the conduct charged did not constitute a ______.
An affirmative defense can be claimed if the actor reasonably believed the conduct charged did not constitute a ______.
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Evidence of temporary insanity caused by ______ may be introduced by the actor in mitigation of the penalty.
Evidence of temporary insanity caused by ______ may be introduced by the actor in mitigation of the penalty.
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Voluntary ______ does not constitute a defense to the commission of crime.
Voluntary ______ does not constitute a defense to the commission of crime.
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When temporary insanity is relied upon as a defense, the court shall charge the jury in accordance with the provisions of this ______.
When temporary insanity is relied upon as a defense, the court shall charge the jury in accordance with the provisions of this ______.
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For purposes of this section, 'intoxication' means disturbance of mental or physical ______ resulting from the introduction of any substance into the body.
For purposes of this section, 'intoxication' means disturbance of mental or physical ______ resulting from the introduction of any substance into the body.
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It is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily ______.
It is an affirmative defense to prosecution that the actor engaged in the proscribed conduct because he was compelled to do so by threat of imminent death or serious bodily ______.
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Compulsion exists only if the force or threat of force would render a person of reasonable ______ incapable of resisting the pressure.
Compulsion exists only if the force or threat of force would render a person of reasonable ______ incapable of resisting the pressure.
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The defense provided by this section is unavailable if the actor ______, knowingly, or recklessly placed himself in a situation in which it was probable that he would be subjected to compulsion.
The defense provided by this section is unavailable if the actor ______, knowingly, or recklessly placed himself in a situation in which it was probable that he would be subjected to compulsion.
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It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement ______.
It is a defense to prosecution that the actor engaged in the conduct charged because he was induced to do so by a law enforcement ______.
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Conduct merely affording a person an opportunity to commit an offense does not constitute ______.
Conduct merely affording a person an opportunity to commit an offense does not constitute ______.
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In this section, 'law enforcement agent' includes personnel of the state and local law enforcement agencies as well as of the ______.
In this section, 'law enforcement agent' includes personnel of the state and local law enforcement agencies as well as of the ______.
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Study Notes
Insanity Defense
- An affirmative defense exists if the actor, due to severe mental disease or defect, did not understand the conduct was wrong.
- "Mental disease or defect" excludes abnormalities shown purely through repeated criminal or antisocial behavior.
Mistake of Fact
- A defense to prosecution arises if a reasonable belief about a fact negates required culpability for the offense.
- A mistaken belief may still lead to conviction for any relevant lesser included offense.
Mistake of Law
- Ignorance of law is not a defense once the law is in effect.
- An affirmative defense may apply if the actor reasonably believed the conduct was not criminal, relying on:
- An official statement or written permission from a responsible administrative agency.
- A written legal interpretation from a court or public official responsible for law interpretation.
- Similar to mistake of fact, this can only lead to conviction for lesser included offenses.
Intoxication
- Voluntary intoxication does not excuse criminal conduct.
- Evidence of temporary insanity due to intoxication can mitigate penalties.
- If temporary insanity is claimed as a defense because of intoxication, the jury must be instructed accordingly.
- Intoxication is defined as a disruption of mental or physical capacity from any substance.
Duress
- An affirmative defense exists if the actor committed an offense under threat of imminent death or serious bodily harm.
- For non-felony offenses, a similar defense applies if compelled by force or threat of force.
- Compulsion applies if a person of reasonable firmness cannot resist the pressure.
- The defense is unavailable if the actor intentionally placed themselves in a risky situation.
- Acting under a spouse's command does not constitute a defense unless it meets duress criteria.
Entrapment
- A defense exists if an actor committed an offense due to induction by a law enforcement agent’s persuasion.
- Mere opportunity to commit an offense does not establish entrapment.
- Law enforcement agents include state, local, federal personnel, and those acting on their instructions.
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Description
Test your knowledge on various criminal law defenses including insanity defense, mistake of fact, mistake of law, and intoxication. Understand how these concepts apply in legal contexts and their implications for culpability. This quiz will help you grasp the crucial distinctions that define these defenses.
