Case-in-Chief Defenses

Case-in-Chief Defense: an element of the crime is not proven 

• Mens Rea Negated: 
• (1) Mistake of Fact
• (2) Mistake of Law
• (3) Involuntary intoxication

• Specific intent: 
• (1) voluntary intoxication

Specific Intent Crime: there must be a good faith belief regardless of reasonableness 

General Intent Crime: there must be a reasonable good faith belief

• Exceptions to ignorance of the law is no excuse: 
• (1) Relying on official interpretation of the law 
• (2) Statute requires knowledge that act is unlawful 
• (3) Lack of fair notice of legal duty

Marrero (no defense. peace officer = correctional officer) 

Bryan (willful violation = knowledge conduct unlawful) 

Lambert (no notice to register as convicted felon) 

Voluntary Intoxication: evidence of its occurrence does not automatically negate specific intent 

Murder: 1st degree reduced to 2nd 

• Fundamental Right:
• (1) History 
• (2) Modern change: look at the amount of states that have adopted defense

Involuntary intoxication: specific and general intent negation 

Note: can use as temporary insanity for affirmative defense 

• Majority: 
• No Defense: act is punished not alcoholism status 

• Dissent: 
• Defense: alcoholism is involuntary