Criminal Law Before 1L: Criminal Defenses - Justification, Excuse, Mistake, Intoxication, Insanity, Duress, Necessity, and Complete Criminal Law Exam Strategy

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EPISODE SUMMARY

Defenses complete the structure of Criminal Law. Some defenses negate elements; others justify or excuse conduct. Justification means the act was legally permissible under the circumstances. Excuse means the act was wrongful, but the defendant is not properly blameworthy.

Self-defense permits reasonable force against imminent unlawful force. Deadly force requires a threat of death, serious bodily injury, or another qualifying grave harm. Initial aggressors usually must withdraw before claiming self-defense. Defense of others protects reasonable intervention. Defense of property permits reasonable nondeadly force but rarely deadly force.

Necessity justifies choosing the lesser evil in an emergency. Duress excuses conduct committed under imminent threat by another person. Mistake of fact may negate mens rea. Mistake of law usually is not a defense, subject to narrow exceptions. Voluntary intoxication may sometimes negate specific intent; involuntary intoxication may be broader. Insanity depends on the jurisdiction’s legal test. Infancy concerns the criminal responsibility of children. Entrapment focuses on improper government inducement and lack of predisposition.

The complete Criminal Law method is element-based and cumulative. Identify the offense, break it into elements, analyze actus reus, mens rea, concurrence, causation, grading, parties, inchoate liability, and defenses. The best answers do not rely on moral intuition. They prove or disprove every legally required step.