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Crim Law 11
Question | Answer |
---|---|
Entrapment | Act by law enforcement officials to persuade a person to commit a crime that they would otherwise not commit |
DNA | Biological evidence |
Duress | A person does something as a result of coercion or a threat of immediate danger to life or personal safety |
Necessity | Compelled to react to a situation that is unavoidable in order to protect life |
Only used in 1% of Criminal Cases | Insanity plea |
In what situation is an individual not held responsible for a criminal act they committed? | Infancy-under specified age *Intoxicated * Insane *Entrapment *Duress *Necessity |
Insanity plea | Type of plea successful only in 1 in 4 cases |
Under 7 | Infancy exception-would go to juvinile facility & held until 18 yrs. old |
Ways to show someone is insane | 1.Can't tell right from wrong,2.Only works if defendant insane when crime committed,3.Defense must prove evidence of mental disease of defect,4. Psychiatrists give necessary testimony for both sides |
Intoxication | So drunk or high on drugs, they didn't know what they were doing |
When is a crime excusable or justifiable? | When its in self defense, defense of property, or defense of others |
Infancy | Those under certain age are incapable of crime in the eyes of the law-under 7 |
Insanity | Based on premise that defendant can not be held responsible for their actions/They shouldn't be punished like ordinary criminals |
Alibi | Evidence defendant was somewhere else at time of crime |
Exclusionary rule | A legal rule that generally prohibits the use of illegally obtained evidence against the defendant at trial |
Affidavit | A written statement of facts sworn to or made under oath before someone authorized to administer an oath |
Arrest | Taking of a person into custody |
Necessity | Reaction to a situation that is unavoidable in order to protect life |
Consent | Voluntary agreement to questioning/persons permission to search |
Motive | Reason a person commits a crime |
Elements | Factors that make an act a crime |