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Crim Law 11
| Question | Answer |
|---|---|
| Entrapment | Defendant admits committing a crime but claims that he/she was induced, or persuaded to commit the crime by a law enforcement officer |
| 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 situations is an individual not held responsible for a criminal act they committed? | Infancy-under specified age, intoxicated, insane, entrapment, duress, necessity |
| Type of plea successful only in 1 of 4 cases | Pleading insanity |
| Under 7 | Infancy exception, would go to juvenile facility & held until 18 yrs. old |
| Ways to show someone is insane | 1.Can't tell right from wrong,2.Only works if defendant is insane when crime was committed,3.defense must prove evidense of mental disease,4. Psychiatrists testimony for both sides |
| Intoxication | Too drunk or high on drugs, they didn't know what they were doing |
| When is a crime excusible or justifiable? | 1.In self defense,2.defense of property,3.defense of others |
| Infancy | Those under a certain age are incapable of crime in the eyes of the law |
| Insane | Based on premise that defendant can not be held responsible for their actions/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 | Written statement of facts sworn to or made under oath before someone authorized to administer an oath |
| Entrapment | Act by law enforcement officers to persuade a person to commit a crime that they would not otherwise commit |
| 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, person's permission to search |
| Duress | Act as a result of coercion |
| Motive | Reason a person commits a crime |
| Elements | Factors that make an act a crime |