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57 Cards in this Set
- Front
- Back
What is necessary to hold individual accountable for crimes?
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1) Criminal conduct (act and intent)
2) Was it justified? 3) Was the unjustified conduct excused? |
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In affirmative defense, what does the defendant have to bear? Explain.
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1) burden of production: responsible for putting in some evidence in support
2) burden of persuasion: proving their defense by preponderance of evidence |
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What is justification defense?
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1) Defendant admit they were responsible for their acts but claim it was justified
2) Self-defense |
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What is the rule of law? How is it violated?
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1) the government has a monopoly on the use of force
2) using force means taking the law into your own hand 3) Preemptive strikes and retaliation aren't allowed (too soon vs. too late) |
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When is the rule of law allowed?
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1) allows 'self-help' to kick in
2) when necessity is great 3) it exists right now 4) it's for prevention only |
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What is the element for allowing the rule of law?
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1) unprovoked attack: the defender didn't start the attack
2) necessity: defender is repealing an imminent deadly attack 3) proportionality: defenders' use of nondeadly force is not enough 4) reasonable belief: defender believe it's necessary to use deadly force |
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What is excuse defense?
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1) Defendant admits that they were wrong but claim that they weren't responsible
2) insanity |
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How has the right to use deadly to protect self and home been expanded?
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1) Kill an intruder by presuming rather than requiring proof of reasonable fear of serious bodily harm or death
2) Reject the general duty to retreat from attack |
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What is retreat?
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1) you reasonably believe that you're in danger and that backing off won't unreasonably put you in danger or serious bodily harm
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What is the stand your ground rule?
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1) If he didn't start the fight, he could stand his ground and kill to defend
2) stand your ground and use deadly force to fend off an unprovoked attack |
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If two men live in the same castle, can they both stand their ground?
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1) in the case of domestic violence, courts have adopted rules that allow women to stand their ground and kill their batterers
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What is defense of others?
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1) defense of anyone who needs immediate protection
2) limit the use of force or violence unless to protect himself |
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What is the defense of home and property?
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1) a right not granted by any human code; therefore, it cannot be taken away
2) a man's home is his castle |
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What is the choice of evils defense?
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1) the defense made the right choice, choosing now to do a lesser evil to avoid a greater evil
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What is the element of the choice of evils defense?
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1) identify the evils
2) rank the evils 3) reasonable belief that the greater evil is imminent (going to happen right now) |
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What is consent?
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1) mentally competent adults can be crime victims if it is voluntary and knowing
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What is defense of insanity?
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1) a legal concept, not a medical term
2) mental illness may or may not be legal insanity 3) it is insanity only when the disease affects a person's reason or will |
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What is the myth of insanity?
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1) it is overused (actually, it's just overestimated)
2) limited to murder cases (charged with other crimes) 3) there is no risk (longer sentences) 4) quick release (35% remain in custody, 47% under court restraint) |
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What is civil commitment?
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1) courts have to decide if defendants who were insane when they committed their crimes are still insane
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What is the right-wrong test?
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1) depend on defendants' mental capacity to know right from wrong (M'Naghten Rule)
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What is mental disease? mental defect?
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1) paranoia
2) retardation or brain damage |
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What is irresistible impulse test?
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1) we cant blame people who because of a mental disease lose their self-control and cant bring their actions into line with what the law requires
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What is substantial capacity test?
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1) defendants have to lack substantial, not complete mental capacity
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What is the product of mental illness test?
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1) Acts that are the product of mental disease or defect excuse criminal liability (Durham Rule)
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What is the defense of diminished capacity?
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1) failure-of-proof: allow defense to introduce evidence to negate specific intent
2) prove that defendant is innocent of the crime but may well be guilty of a lesser one |
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What is diminished responsibility?
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1) a defense of excuse, where what I did was wrong, but under the circumstances I'm not responsible
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What is the 3 categories that divided children for the purpose of deciding their capacity to commit a crime?
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1) 0-6: no capacity
2) 7-14: no criminal capacity, but presumption could be overcome 3) 15+: same capacity as adults |
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What are the three waivers to transfer a juvenile to adult criminal court?
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1) judicial (most common)
2) prosecutorial 3) legislative |
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What is defense of duress?
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1) people are forced to what they do
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What is the four elements for duress?
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1) threats amounting to duress
2) immediacy of the threats 3) crimes the defense applies to 4) degree of belief regarding the threat |
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What is the challenge for the defense of intoxication?
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1) accountability: take the consequences of their actions
2) culpability: punishment depend on blameworthiness 3) we can blame voluntarily intoxicated person 4) we cannot blame involuntarily intoxicated persons |
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What is defense of entrapment?
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1) government agents get people to commit crimes they wouldnt otherwise commit
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What is subjective test of entrapment?
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1) focuses on predisposition: that the defendant was pressured to commit the crime that they wouldn't have committed without the pressure
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What is the objective test of entrapment?
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1) focuses on the actions the government take:
2) if the intent originate with the government, the court should dismiss the case |
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What is the syndromes defense?
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1) a group of symptoms or signs typical of a disease or condition
2) some are taken seriously as excuses: PMS-Post traumatic stress |
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What is the USA patriot act?
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1) united and strengthening america by providing appropriate tools required to intercept and obstruct terrorism
2) aimed at fighting and preventing international terrorism |
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What is treason?
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1) levying war against or adhering to their enemies
2) giving aid and comfort 3) imprisoned for no less than 5 years and fined no less than 10,000 |
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What is adherence?
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1) breaking allegiance to your own country by forming an attachment to the enemy
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What does treason require?
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1) two witnesses to at least one overt act or confession in open court
2) banned legislatures and court from creating new treasons |
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What is sedition?
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1) advocating the violent overthrow of the government
2) speech 3) writing 4) conspiracy (agreement) |
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What is the Smith act of 1940?
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1) made it a crime to conspire to teach or advocate overthrowing the government by force
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What is sabotage?
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1) the crime of damaging or destroying property for the purpose of interfering with and hindering preparation for war
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What is espionage?
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1) secret observation of words and conduct by agent
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What is espionage during war time?
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1) collecting or communicating any information about troop movement
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What is espionage during peace?
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1) turning or attempting to turn over information about national defense to any foreign country
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What is terrorism?
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1) the use of violence and intimidation in the pursuit of political aims
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What is international terrorism?
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1) violent acts or act dangerous to human life that are committed outside the US
2) and committed with the intent to intimidate; influence; the policy and conduct of a government |
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What is domestic terrorism?
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1) It has the same element as international terrorism but committed inside the US
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What is disorderly conduct?
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1) offenses against public order and morals
2) grew out of common law: breach of peace |
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What is actual disorderly conduct?
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1) fighting in public
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What is constructive disorderly conduct?
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1) provoke or excite others to break the peace
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What is group disorderly conduct?
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1) unlawful assembly
2) rout 3) riot |
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What is special disorderly conduct?
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1) false public alarms
2) public drunkenness 3) loitering or prowling 4) obstructing highways 5) disrupting meetings |
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What is quality of life crime?
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1) vagrancy and loitering (stand around with no apparent purpose)
2) panhandling (stopping people on the street to ask for food/money |
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How does the government regulate solicitation?
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1) they have leeway if it satisfies time, space, and manner test
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What is public nuisance injunctions?
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1) injurious to heath or is indecent or offensive to the senses
2) short term and no significant changes in intermediate and long-term 3) gang activity |
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What is victimless-crime?
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1) prostitution
2) solicitation |