1. Explain the castle doctrine.

It is a self-defense theory that allows a homeowner the right to defend themselves by using deadly force and therefore the defendant is fully exonerated of any crime if successfully presented.  It requires that one must be within the residence or building.  Secondly, the victim must be in the process of committing a crime or gained entry forcibly.  Thirdly, the defendant must prove that the use of the deadly force was reasonable.

2. What is the difference between justification and an excuse?

Excuse defense is when a defendant admits that they committed a crime but believes that they cannot be held liable as there was no criminal intent. Excuses used in courts include age, mistake of law, automatism, mental disorder and mistake of fact. Justification defense is when a defendant admits to committing a crime driven by self-defense, duress, provocation, and entrapment.

3. What are the common law rules on holding children responsible for criminal acts?

Children under the age of 7 years are not held criminally responsible for their misconduct.  Children between 7 and 14 years are presumed not to keep the mental capacity to be held accountable.  However, evidence may be introduced by the state to show that the children in this age bracket are mature enough.  Children above 14 years are presumed to have the mental capacity to do criminal acts.

4. Explain the M’Naghten rule.

This is one of the tests that that is applied by the courts to determine the legal sanity of crime perpetrator.  It states that every man is presumed sane and for a person to have a defense case on the grounds of insanity, it must be proved clearly that they were not of the right mind.

5. When is voluntary intoxication a defense?

It may be used as a defense to specific intent crimes when it causes the defendant not to form the criminal intent which is necessary to commit a crime.

6. Why is insanity a controversial defense in criminal law?

One of the challenges of insanity in defense is that those defendants who meet the legal definition of insanity do not meet the medical criteria but are subject to mandatory medical care.  Secondly, the rule does not distinguish the individuals who pose a threat to society and those who do not or those who do not have permanent mental issues and those with permanent problems. Finally, it makes it easy for the ones with a severe mental disorder to get away with crime, regardless of the role the condition played in the offense.

7. How is diminished responsibility different from insanity?

Diminished responsibility applies to the mentally ill individuals, and it diminishes the responsibility of the defendant.

8. Explain the provisions of the U.S. Insanity Defense Reform Act?

It applies to federal cases only and prohibits defenses of both diminished responsibility and diminished capacity when those defenses do not negate ens rea. It restricts the use of diminished responsibility defense.

9. Under what circumstances a syndrome may be used as a defense to a criminal act?

A syndrome may use defense to a criminal act if the act was involuntary and that the person lacked the mental state required by the law.

10. How do the rules on the defense of persons differ from the defense on a property?

Self-defense justifies the use of deadly force when one is protecting themselves from another deadly force.  Self-defense must not be out of proportion to the power necessary to protect.  On the other hand, use of deadly force is never permitted on property unless one of the property is in their possession.

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