Crim5
Terms
undefined, object
copy deck
- List the three categories of defenses
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1)Lack of criminal responsibility
2)Justification or excuse
3)Procedural defenses - List and understand the lack of criminal responsibility defenses.
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1)Insanity
2)Infancy
3)Diminished responsibility
4)Intoxication
5)Syndromes/Disorders - List the different ages and presumptions dealing with infancy.
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Under 7: We presume they are not liable
7-14: Child is presumed not to have the necessary intent but can be proven otherwise.
14 up: Presumed to have the necessary intent - What is the difference between insanity at the time of the offense and insanity at the time of trial?
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1)Insanity at the time of the offense negates the required mental state and the person has not committed a crime.
2)Insanity at the time of trial the trial must be delayed. - Two justifications for delaying the execution of insane persons.
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1)Individual should understand the gravity of the punishment being inflicted on him.
2)If the individual is sane they might offer some reason for the execution to be stayed. - Five test of insanity.
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1)M'Naughten test: Didn't know what he was doing or that it was wrong
2) Irresistible impulse test: Could not control behavior
3)Durham: Act caused by mental illness
4)ALI/MPC: Lacks substantial capacity to appreciate the wrongfulness of his conduct or to control it
5)Federal position: Lacks capacity to appreciate the wrongfulness of his conduct. - List and understand syndromes/disorders defenses.
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a1)Premenstrual Syndrome (PMS)/Premenstrual Tension (PMT): Symptoms that many women face that begin 10 to 14 days prior to the menstrual period and become progressively worse until the onset of menstruation. Women suffering with PMS/PMT are often irritated and under stress.
2)Posttraumatic Stress Disorder: The development of characteristic symptoms following an extremely traumatic direct personal experience of an event that involves actual or threatened death or serious injury.
3)Battered Woman Syndrome: A condition that affects women who have been continually abused by their spouses to the degree that their mental functioning is impaired. - Two elements in self-defense
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1)Proportionality: The force used must not be out of proportion to the force necessary to protect
2)Necessity: to use the force to prevent imminent, unlawful deadly force. -
State vs. Bellamy
Pawn shop shooting - If any reasonable doubt remains as to self-defense, the jury must acquit.
- Explain the duty to retreat when your are an aggressor or a non-aggressor.
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Non-aggressor has no duty to retreat.
Aggressor can only use deadly force if retreat is unsuccessful. - Define the defense of duress and when it can be used.
- For duress to be a defense there must be a reasonable and actual belief that a life is in danger or serious bodily injury is threatened, and that the danger is present and immediate.
- Tennessee vs. Gardner.
- You cannot use deadly force to prevent the escape of a felon.
- Define the defense of mistake and when it can be used.
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Ignorance of fact or law
1)Mistakes of fact can only be defenses in general intent and specific intent crimes.
2)Mistakes of law may be a defense if the crime is a specific intent offense - Define the defense of consent and when it can be used.
- Consent is not a defense as a criminal act is a crime to society.
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Garnett vs. the State
low IQ - Statutory rape is a strict liability offense so it doesn't matter if the defendant didn't know he was committing a crime.
- Define the defense of entrapment and when it can be used.
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A government agent's actions that induce a person to commit a crime.
Only for less serious crimes. - Define the defense of double jeopardy and when it can be used.
- A person cannot be tried twice for the same crime
- Define the defense of statute of limitations and when it can be used
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Requirement that criminal prosecutions commence within a certain period of time after the crime occurred.
Must be raised by the accused and starts once the crime has been or should have been discovered