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CSULB 340
quiz 5
| Question | Answer |
|---|---|
| what are the the 5 justification defenses | 1)defendant justifies it.2)self- defense,3)Defense of home/property,4)Necessity.5) Consent. |
| what are the 5 excuse defense. | 1) admits but is not responsible.2)insanity,3) involuntary intoxication,4)Duress,5)Entrapment. |
| what is Incompetent to Stand trial? | D is unable to:- understand the procedings against her and assist counsel in her defense. |
| where are the mental incompetent sent? | mental institutions following a civil hearing. if later is found to be competent, d can be tried for the crime as accused. |
| what are the 2 verdicts for insanity defense? | not gulity by reason of insanity,guilty but mental ill. |
| if it is not guilty by reaoson of insanity what happens after the trail.. | if D is no longer insane, D is free to go. if he has a mental problem d is commited to a mental insitution following a civil hearing. |
| if verdict is guilty by mentally ill? | D is sentenced and incarceated. |
| what is the Mnaghten rulle. (right wrong test) | federal standard.= D was suffering from a mental disease of defect at the time of committing the crime and due to the mental disease, either did not know the nature and wuality of D actions, and did not know it was WRONG. |
| what is a mental disease?? | diagnosable mental illnes ex: schizzophrenic, personality disorders. |
| what is a mental defect? | mental retardation, severe brain damage. |
| no insanity defense if D had ? | cognitive ability to know that the act was wrong or criminal |
| irrisistable impulse test? | D was suffering from a mental disease or defect at the time of committing the crime and due to the mental disease acted out of an irresistable impulse even thought she knew the criminal act was wrong. (D ability to control himself) |
| MPC substantial Capacity. | D was suffering from a mental disease of defect at the time of commiting the crime. and dues to the mental disease D lacked substanital capcity either to know right from wrong or the irresistaible impulesle. |
| what are the elements of Defense of DURess: | Threat, fear, imminent danger, and bodily harm. |
| defense of duress= threatened harm was ______ than the harm D caused by committing the crime. | GREATER. |
| what is defense of durres NOT a defnese. | to INTENTIONAL MURDER. |
| duress: | the source of presure is from a person. |
| what is choice of evil or necessity: | source of pressure is from circumstances of events. ex: man with dying wife in the back is speeding. and fire fence. |
| what can reduce CULPABILTIY? | - involuntary intoxication,- AGE (like child),- syndromes- like PTS |
| what are some defense not recognized at all? | twinkie defense,PMS |
| can Voluntary INtoxication be a defense? | NO. |
| how about in a specific intent case? | d may assert voluntary intoxicaiton to DISPUTE that D had a specific intent to commit the crime. |
| Entrapment Defense: | the governemtn induced an otherwise innovent person to commita crime they otherswise would not have committed. |
| if D was predisposed to commiting the offense what happens? | THe entrapment defense fails. |
| what is the entrapment procedure: | D asserts the entrapment defense., prosecutions burden to prove that D would hav committed the crime anyway. |
Created by:
pinkkat4
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