Chapter 8 Powerpoint pt. 4 Flashcards Preview

CRJ 130 Survey of Criminal Law > Chapter 8 Powerpoint pt. 4 > Flashcards

Flashcards in Chapter 8 Powerpoint pt. 4 Deck (26):
1

English _______ ____ recognized the right to resist an unlawful arrest by reasonable force.

common law

2

English common law recognized the right to resist an unlawful arrest by ___________ ______.

reasonable force

3

The English common law rule was recognized as the law in ___ states as late as 1963. Today, only ___ states continue to recognize the English rule and have not adopted the American rule for resistance to an unlawful arrest.

45
12

4

The English _______ _____ rule was recognized as the law in 45 states as late as _____. Today, only 12 states continue to recognize the English rule and have not adopted the American rule for resistance to an unlawful arrest.

1963
common law

5

The English common law rule was recognized as the law in 45 states as late as 1963. Today, only 12 states continue to recognize the English rule and have not adopted the ________ _____ ___ __________ to an _______ _______.

American rule for resistance
unlawful arrest

6

According to the American rule for resistance an individual may not resist an illegal arrest because today?

(1) Incarcerated individuals are no longer subjected to harsh, inhuman, and disease-ridden conditions that result in illness and death
(2) An arrest does not necessarily lead to a lengthy period of incarceration
(3) Complexity of the law often makes it difficult to determine whether an arrest is illegal
(4) Development of sophisticated weaponry means that confrontations between the police and citizens are likely to rapidly escalate and result in severe harm and injury to citizens and to the police
(5) Individuals have access to a sophisticated process of criminal appeal and may bring civil actions for damages
(6) Common law rule promotes an unacceptable degree of social conflict that undermines the rule of law

7

The _________ ________ recognizes that conduct that would otherwise be criminal is justified when undertaken to prevent a significant harm.

necessity defense

8

This [necessity defense] is commonly called “____ ______ __ _____” because individuals are confronted with the unhappy choice between committing a crime or experiencing a harmful event.

the choice of evils

9

This [necessity defense] is commonly called “the choice of evils” because individuals are confronted with the unhappy choice between committing a _____ or experiencing a _______ ______.

crime
harmful event

10

Roughly one-half of the states possess _________ ________ and the other jurisdictions rely on the ________ _____ defense of necessity.

necessity statutes
common law

11

Necessity= criminal action believed to be necessary to _______ __ _____ + the harm prevented is greater than will result from the criminal act + absence of legal alternatives + legislature did not preclude necessity + did not intentionally create the harm

prevent a harm

12

Necessity= criminal action believed to be necessary to prevent a harm + the _____ prevented is greater than will result from the ________ ____ + absence of legal alternatives + legislature did not preclude necessity + did not intentionally create the harm

harm
criminal act

13

Necessity= criminal action believed to be necessary to prevent a harm + the harm prevented is greater than will result from the criminal act + absence of ______ ___________ + legislature did not preclude necessity + did not intentionally create the harm

legal alternatives

14

Necessity= criminal action believed to be necessary to prevent a harm + the harm prevented is greater than will result from the criminal act + absence of legal alternatives + legislature did not ________ necessity + did not intentionally create the harm

preclude

15

Necessity= criminal action believed to be necessary to prevent a harm + the harm prevented is greater than will result from the criminal act + absence of legal alternatives + legislature did not preclude necessity + did not intentionally create the _____

harm

16

What case showed how common law resisted the recognition of necessity?

The Queen v. Dudley and Stephens

17

What are the reasons for the necessity defense?

(1) Respect
(2) Equity

18

What are the criticisms towards necessity defense?

(1) Self-Help
(2) Mistakes
(3) Politicalization of the Law
(4) Irrelevancy

19

What are the central elements of Necessity Defense?

(1) There was an immediate and imminent harm
(2) The defendant also must not have been substantially at fault in creating the emergency
(3) The harm created by the criminal act is less than that caused by the harm confronting the individuals
(4) An individual reasonably expected a direct causal relationship between his acts and the harm to be averted
(5) There were no available legal alternatives to violating the law
(6) The criminal statute that was violated does not preclude the necessity defense

20

What happened in the Commonwealth v. Kendall case?

Where an officer approaches a vehicle to render aid, the incident is a mere encounter and reasonable suspicion is not necessary.

21

True or False: Typically, consent from a victim is not a defense.

True

22

"Typically, consent from a victim is not a defense." What are the exceptions to this rule?

(1) incidental contact
(2) contact resulting from sporting events
(3) socially beneficial activity

23

When is consent of a victim a valid defense?

(1) person giving it must have legal capacity
(2) must not have been tricked by fraud or deceit
(3) must have given permission before the event

24

_____ ________ – young people below the age of consent, the intoxicated, and those on drugs, as well as individuals suffering from a mental disease or abnormality are not considered capable of consent

Legal Capacity

25

______ or ______ – consent is not legally binding in those instances in which it is based on a misrepresentation of the facts

Fraud
Deceit

26

____________– the forgiveness of a perpetrator by the victim following a crime does not constitute consent to a criminal act

Forgiveness