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Criminal Law

chapters 6-9

QuestionAnswer
Idea that competent adults voluntarily consented to crimes against themselves and knew what they were consenting to. defense of consent
consent was the product of free will, not of force, threat of force, or trickery. voluntary consent
the person consenting understands what she's consenting to; she's not too young or insane to understand. knowing consent
the person consenting has the authority to give consent. authorized consent
State v. Shelley (1997) Jason Shelley was convicted of second degree assault, arising out of an incident in which Shelley intentionally punched another basketball player during a game.
the insanity defense is overused? less than 1 percent (0.87%) of defendants plead inanity, and a mere 23.55 percent of those who plead, succeed.
There's no risk to the defendant who pleads insanity. Defendants who asserted an insanity defense at trial and who were ultimately found guilty of their charges, served significantly longer sentences than defendants tried on similar charges.
insanity the legal term that refers to a mental disease or defect that impairs the reason and/ or will to control action.
civil commitment a noncriminal (civil) proceeding in which courts have the power to decide if defendants who were insane when they committed their comes are still insane.
proving insanity when the crime was committed (sanity). When the defendant is charged and tried (competency).
complicity establishes when you can be criminals liable for someone else conduct; applies criminal liability to accomplices and accessories.
Created by: rudy.d.84
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