PocketLaw | Delaware Code | Defenses to Criminal Liability

Defenses to Criminal Liability

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Mental illness or psychiatric disorder.

Rules to prescribe procedures for psychiatric examination; testimony of psychiatrist or other expert.

Verdict of “not guilty by reason of insanity;” commitment to Delaware Psychiatric Center of persons no longer endangering the public safety; periodic review of commitments to Delaware Psychiatric Center; participation of patient in treatment program.

Confinement in Delaware Psychiatric Center of persons too mentally ill to stand trial; requiring State to prove prima facie case in such circumstances; adjustment of sentences.

Confinement in Delaware Psychiatric Center of persons developing mental illness after conviction but before sentencing; adjustment of sentences.

Transfer of convicted persons becoming mentally disabled from prison to Delaware Psychiatric Center; appointment of physicians to conduct inquiry; expenses of transfer.

[Reserved.]

Verdict of “guilty, but mentally ill” — Sentence; confinement; discharge from treating facility.

Verdict of “guilty, but mentally ill” — Parole; probation.

Section
410-420

[Reserved.]

Voluntary intoxication.

Intoxication not mental illness.

Involuntary intoxication as a defense.

Definitions relating to intoxication.

Section
425-430

[Reserved.]

Duress as affirmative defense; defense unavailable in certain situations.

Entrapment as affirmative defense; defense unavailable in certain situations.

Section
433-440

[Reserved.]

Ignorance or mistake of fact as defense.

Section
442-450

[Reserved.]

Consent of victim to acts not involving physical injury as defense.

Consent of victim to inflictions of physical injury as defense.

Circumstances negativing consent as defense.

Knowledge of victim's age.

Section
455-460

[Reserved.]

Justification — A defense.

Justification — Execution of public duty.

Justification — Choice of evils.

Justification — Use of force in self-protection.

Justification — Use of force for the protection of other persons.

Justification — Use of force for the protection of property.

Justification — Use of force in law enforcement.

Justification — Use of force by persons with special responsibility for care, discipline or safety of others.

Justification — Person unlawfully in dwelling.

Provisions generally applicable to justification.

Definitions relating to justification.

Section
472-474

[Reserved.]

Immunity as an affirmative defense.

Racketeering activities; excluded defenses.

Organized crime; renunciation.