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Criminal Law Test 2

Chapters 5 - -----

QuestionAnswer
Evidence and arguments offered by a defendant or an attorney to show why a defendant shouldn't be held liable for a criminal charge Defense
Necessity, Self-Defense, Defense of Others, Defense of home and property, Resisting Unlawful Arrest, Consent Justification Defense
Claims that it was necessary to commit some unlawful act in order to prevent greater harm Necessity
The harm sought to avoid outweighs the danger of the prohibited conduct Necessity
No reasonable alternative Necessity
Ceased to engage in the prohibited conduct as soon as the danger passed Necessity
Did not create the danger south to avoid Necessity
Harm inflicted on another was necessary Self-Defense
Amount of defensive for must be proportional to the amount of offensive force Self-Defense
Unlawfulness: of the other person's act Key point in using deadly force in self defense
Necessity: Force must be necessary for protection from another Key point in using deadly force in self defense
Reasonable: only a reasonable amount of force may be used Key point in using deadly force in self defense
Path of Retreat Self-Defense
If a person being defended has the right to defend themselves, the party who went to his aid is protected Defense of Others
Must believe that the person they are aiding would be justified in using force to defend themselves Defense of Others
Must believe that the person they are aiding is unable to adequately defend themselves, and therefore their intervention is necessary Defense of Others
If a person being defended has the right to defend themselves, the party who went to his aid is protected Alter Ego Rule
Third party in Defense of Others "...one who goes to the aid of a third person does so at his own peril"
May use reasonable non deadly force Defense of Home and Property
Preservation of human life outweighs the value of property Defense of Home and Property
Extends to hotels, vessels, rented rooms, house boats Defense of Home and Property
"Castle Exception" Defense of Home and Property
Most states forbid deadly force in this defense Defense of Property
Few property items are vital to survival Reason for forbidding deadly force
Most items of value are insured Reason for forbidding deadly force
LE is usually readily available for assistance Reason for forbidding deadly force
Cannot set "booby traps" or "spring guns" in this defense Defense of Property
A defense that states that the individual who is the recipient of an injury or is claiming to be suffering an injury Consent
Appeal a higher power to determine guilt Trial by Ordeal
Hot iron, floating, boiling water tests.. Trail by Ordeal
Fleeing Felon Rule Tennessee vs. Garner
ONLY when a suspect is thought to represent a threat of injury/death to the officer or public (probable cause) Tennessee vs. Garner
Force is needed for arrest purposes Tennessee vs. Garner
Defense of duress, Intoxication, Mistake, Age, Entrapment, Syndrome, or Mental Incompetency/Insanity are type of.. Excuses Defenses
The complaint or charge are true and correct, however, there is a valid excuse that an individual had the right to engage in the conduct in question Excuses Defense
"Yes I did it -- but I had a good reason" Excuses Defense
Personal condition/circumstance is why the defendant is not liable Excuses Defense
Defendant must show that there was a reasonable fear of death that was immediate fear of future harm or death Duress
Unlawful threat of Coercion Duress
Acting unlawfully because of some outside force where you would otherwise not engage in those types of behaviors Duress
Must convince trier of fact that intoxication was involuntary - either tricked, forced, or unaware Involuntary Intoxication
Must show that the intoxication was so great as to remove ability to form specific intent Involuntary Intoxication
Misunderstanding/misinterpreting of the law` Mistake Law
Just because you didn't know the law isn't an excuse Mistake Law
That law needs to be made reasonably well known Mistake Law
Misunderstanding, misinterpreting, or forgetting of a fact that pertains to the situation Mistake Fact
If the facts had been presented the likelihood of something criminal would not have taken place Mistake of Fact
Not held criminally responsible due to the age of the defendant Infancy Defense
A person who has not yet reached the age of majority Infancy Defense
Children under the age of 7 are not criminally responsible Excuse: Age
Do not have the mental capacity to formulate intent Excuse: Age
This cannot be overcome by evidence to the contrary Excuse: Age
Rebut-table Presumption for children 7-14 years old Excuse: Age
This can be overcome with evidence 7-14 years of age
7 years old Age of Reason
Offense which is only illegal due to the age of the offender Status Offenses
Offenses committed by a juvenile which is also illegal for adults Delinquent Offenses
Transfer of a juvenile case to an adult court Judicial Waiver
A defense that is confirmed upon, or substantially enhanced by the acceptability of a syndrome Excuse: Syndrome Based
Signs and symptoms presenting a clinical picture of a disease or disorder Syndrome
Legally these syndromes are clinically views as diseases or disorders Other Syndromes on the rise
Prolonged beatings and abuses Batter Women's Syndrome
Included psychological abuse Batter Women's Syndrome
Evolves into a sense of "learned helplessness" Battered Women's Syndrome
Inability to leave, constant fear, instant submissiveness, imminent danger for children other family members Battered Women's Syndrome
This is a legal issue, and had no medical value Insanity
Developed in order to aid the court in dealing with certain individuals Insanity
Claims mental illness or diminished capacity Insanity
Not guilty at the time of the crime if the defendant didn't know what they were doing M'Naughten Rule
Not guilty at the time of the crime if the defendant didn't know that the behavior was wrong M'Naughten Rule
States a person isn't criminally/legally responsible for behaviors if actions were due to mental defect Durham Rule
Courts us array of psychiatric specialists to testify about mental state Durham Rule
Successful defense requires jury to see behavior is due to mental deficiencies Durham Rule
The Model Penal Code Insanity Test is also known as: The Substantial Capacity Test
This was developed by the American Law Institute The Substantial Capacity Test
Accuses is not responsible for actions if at the time of the act, as a result of a mental disease or defect, he lacks the substantial capacity to appreciate the wrongfulness of the act and to conform their conduct to the law The Substantial Capacity Test
The defendant is proven guilty of the crime beyond a reasonable doubt Guilty but Mentally Ill
The defendant was found to be mentally ill at the time of the offense Guilty but Mentally Ill
The defendant is found not legally insane at time of offense Guilty but Mentally Ill
Defense based on a claim that a mental condition may be insufficient to exonerate the defendant of guilt but that may be relevant to specific mental elements of crime Diminished Capacity
Specifically, that the defendant lacked the mental capacity to form mens rea needed for conviction Diminished Capacity
Places burden on the jury to determine if the defendant can be justly held responsible for their actions Brawner's Rule
The killing of one human being another human being Murder
An intentional homicide committed out of necessity is considered justifiable English Common Law
Justifiable, Excusable, or Sufficiently provoted Does not qualify as murder
Initially, the only punishment for murder was... Death
Became designated by different degrees in order to vary the punishments and avoid the death penalty in certain cases Murder
Murder is the killing of any person with ... Malice Aforethought
A felony, an unlawful killing, and intent are characteristics of... Murder
Intentional Homicide Type of Murder
Intent to do serious bodily injury where death results with no intent to kill Type of Murder
Depraved Heart Murder Type of Murder
Felony Murder Type of Murder
Now defined as the irreversible cessation of all brain function Death
Conviction may occur with a confession and corroborating evidence Murder Conviction
Can someone be charged with murder without a body Yes
Conviction can still occur with circumstantial evidnce Murder Conviction
The unlawful killing of a being without malice Manslaughter
"Less than Murder" Manslaughter
Two Categories: Voluntary and Involuntary Manslaughter
No malice or lawful justification Voluntary Manslaughter
Occurs due to negligence or recklessness Involuntary Manslaughter
Unintentional Killing Involuntary Manslaughter
Lacks malicious aforethought Manslaughter
Justifiable, excusable, carriers no criminal liability, and is permitted under the law Perfect Self Defense
Body of Crime Corpus Delicti
An attempt to commit Battery in which no actual physical battery or injury results Assult
The successful attempt to cause unlawful physical harm Battery
Must have this to have battery, but not vise versa Assult
Use of a weapon, infliction of serious injury, or disparity in size and age Assault of Battery: High and Aggravated Nature
Most of these cases require the intentional injury of a person Assault of Battery: High and Aggravated Nature
Disablement of normal functioning of the human body Mayhem
Malicious or willful permanent disfiguration Mayhem
Intentionally placing or attempting to place another person in fear or imminent serious physical danger Menacing
Created by: ulmerav91