BUS 205 Lecture Notes - Lecture 27: Castle Doctrine, Insanity Defense, Mens Rea
Document Summary
We don"t like people getting off this way. *it is rarely pled because it is rarely successful. What about mental illness resulting from voluntary use of intoxicants. Intoxicants are not allowed to be used as a defense for a crime. Government must prove defendant was predisposed to commit the crime. If they say yes to the prostitute not knowing she is a cop. The defendant had to show that you were not predisposed to commit the crime. Defendant must show threat by a third party cause fear of imminent physical harm. Something evil is going to happen to you or somebody else unless you commit an evil to stop it. Must be proportionate to the unlawful force threatened against the defendant. Can"t use deadly force against someone where they are not using deadly force against you. Colorado"s homeowner"s protection act (make my day law) Allows a homeowner to use deadly force on an intruder.
