1. Hypotheticals

2. Self-defense Most important justification defense
Generally, you have the right to use whatever force is necessary to defend yourself from an unlawful attack
You reasonably believe the force was required for your own protection (even if it turns out it wasn’t)
The threatened harm was about to happen and the attacker was willing and able to injure you.
The force used in self-defense was reasonable – no more than what was necessary to prevent your injury

3. Self defense law developed before police force
Deadly force must only be used in self-defense when you reasonably believe
The attacker was about to either kill you or inflict great bodily harm
The deadly force was the only way to prevent that harm
Self defense law developed before police force
People were expected to attempt to reach a safe location before defending themselves using deadly force
People are obligated to retreat, except when attacked in their homes

4. Defense of others – someone defends another as they would themselves
Defense of property – can defend property with deadly force if being threatened with deadly force in attempt of burglary or robbery
Defense of home – can defend home, but only with deadly force if
The intruder is about to unlawfully enter the home
Intruder intends to commit felony of injure an occupant of the home
Deadly force is necessary to stop the intruder

5. Domestic abuse as a defense – in domestic cases, the threat must be imminent and the force must be only what is necessary to save oneself
Insanity
Controversial
Normal people choose to obey the law
Insanity as a legal defense is not the same as the typical definition of insanity

6. The M’Naghten Rule (used by half the states) – says that because of a mental illness, defendants did not know what they were doing or they did not know it was wrong. – does not protect those who cannot control their actions (1843)
Irresistible Impulse Rule – crime was committed due to an insane impulse that controlled their will (Parsons v. Alabama, 1887)
Durham Rule (NH only) – defendants must prove the crime was “the product of a mental disease or defect” (Durham v. US, 1954)

7. Model Penal Code Test or substantial capacity
Model Penal Code Test or substantial capacity test (almost half the states) – defendants determined insane if they:
Lacked substantial capacity to appreciate criminality of their conduct
Lacked substantial capacity to conform their conduct to the law (Model Penal Code, 4.01)
If successful with this defense, defendants usually go to mental hospitals until they can prove they are sane and no longer pose a threat to society

8. Guilty but Mentally Ill
Insanity defense rarely used – only raised in 1% of cases and only successful in about one quarter of these cases
Guilty but Mentally Ill
Defendant not legally insane but was mentally ill when committing the crime
Insanity defense unsuccessful but jury recognizes mental illness
Prison sentence served in mental hospital
ID, KS, UT, and MT have eliminated insanity as a defense

9. Entrapment Duty of officers is to prevent, not punish, crime
First successful entrapment defense occurred during Prohibition (1932)
Subjective test for entrapment used by fed and most state courts – requires the police lure the subject into committing the crime and the defendant was not predisposed to commit the crime (subjective because of predisposition)
Objective test requires police lure defendant into committing crime by doing something that creates a substantial risk for the commission of an offense by those willing to commit it

10. DeLorean case succeeded
Abscam operation – FBI received information that certain Congressmen were receiving bribes
They invented a phone Arab sheik that offered bribes to these men
The operation was filmed, and the entrapment defense failed because the FBI presented an opportunity but did not make the men accept the bribes
DeLorean case succeeded
DeLorean left Ford and started making his own cars
Due to a gas crisis, the did not sell well
Government agents approached him with a deal to import $24 million in cocaine and filmed his acceptance
Lawyers argued DeLorean had a clean record, unreliable witnesses, and entrapment

11. Common sting operations include
Prostitution and drugs
Fake pawnshops
Decoy cars
Fake websites
Phony ads