Chapter 9 Powerpoint pt. 3 Flashcards Preview

CRJ 130 Survey of Criminal Law > Chapter 9 Powerpoint pt. 3 > Flashcards

Flashcards in Chapter 9 Powerpoint pt. 3 Deck (38):
1

17th century, juveniles were divided into what three categories?

(1) Under 7 years; lack capacity to form intent
(2) Between 7 and 14 years; assumed to lack capacity, but is rebuttable at court
(3) Over 14 years; possess adult capacity

2

Early _______ ____ did not recognize infancy as a defense, but youthful offenders were typically pardoned.

common law

3

Early common law did not recognize _______ as a defense, but youthful offenders were typically ________.

infancy
pardoned

4

There is a growing trend for state statutes to permit the criminal prosecution of any juvenile as an adult who is charged with a ________ offense.

serious

5

Duress= __________ ______ of + an imminent threat by another + of death or severe bodily harm + against the defendant

reasonable belief

6

Duress= reasonable belief of + an imminent ______ by _______ + of death or severe bodily harm + against the defendant

threat
another

7

Duress= reasonable belief of + an imminent threat by another + of ______ or _______ ______ ____ + against the defendant

death
severe bodily harm

8

Duress= reasonable belief of + an imminent threat by another + of death or severe bodily harm + against the __________

defendant

9

Duress; common law excused guilt from those who committed a crime to avoid imminent ______ or ______ _____.

death
bodily harm

10

_______; common law excused guilt from those who committed a crime to avoid imminent death or bodily harm.

Duress

11

Duress; those who commit crime in response to a severe threat lack ______.

intent

12

Those who commit crime under _______ act in an involuntary manner.

duress

13

Those who commit crime under duress act in an __________ manner.

involuntary

14

Why do we have the duress defense?

(1) Realism
(2) Criminal Intent
(3) Criminal Act

15

The defendant’s actions, under duress, are to be judged in accordance with a __________ ________ standard.

reasonable person

16

Most states also recognize that a threat directed against a member of a defendant’s family or a third party may constitute _______, but ____________ _________ or _________ does not amount to a threat.

duress
psychological pressure
blackmail

17

Most states also recognize that a threat directed against a member of a defendant’s ______ or a ______ ______ may constitute duress, but psychological pressure or blackmail does not amount to a threat.

family
third party

18

True or False: Duress does not excuse the intentional taking of the life of another.

True

19

In order to prove duress the threat must be _________ and ________.

immediate
imminent

20

In order to prove duress, an individual must have exhausted all reasonable and available ___________ to violating the law.

alternatives

21

In order to prove duress, the defendant must not ______ or ______ in ________ the circumstances leading to the claim of duress.

create
assist
creating

22

Married women were exempted from liability under the ________ ____, but this is no longer the case today.

common law

23

True or False: Individuals exerting the coercion are liable as a principal in the crime despite the fact that the perpetrator may be excused on the basis of duress.

True

24

Inmates relying on duress must establish that they did not use _____ or _______ toward prison personnel or other innocent individuals in the escape and that they immediately contacted __________ once having reached a point of safety.

force
violence
authorities

25

Inmates relying on duress must establish that they did not use force or violence toward ______ __________ or other ________ ___________ in the escape and that they immediately contacted authorities once having reached a point of _______.

prison personnel
innocent individuals
safety

26

Inmates relying on ________ must establish that they did not use force or violence toward prison personnel or other innocent individuals in the escape and that they immediately contacted authorities once having reached a point of safety

duress

27

What are some of the criticisms that critics have for the duress defense?

Critics argue that individuals should follow legal rules, even under conditions of stress and strain and that the law should encourage people to resist rather than conform to the demands of violent and forceful individuals.

28

Mistake of ____= no excuse (some indication may excuse criminal liability in cases involving notice, intent, reliance )

law

29

Mistake of _____= mistake is an excuse if it negates the required criminal intent (may require reasonable mistake)

fact

30

Mistake of law= __ ______ (some indication may excuse criminal liability in cases involving notice, intent, reliance )

no excuse

31

Mistake of fact= mistake is an ______ if it negates the required _______ _______ (may require reasonable mistake)

excuse
criminal intent

32

Mistake of law; "Ignorantia lexis non excusat" means?

ignorance of law is no excuse

33

What are the four elements that mistake of law is based on?

(1) Knowledge
(2) Evidence
(3) Public Policy
(4) Uniformity

34

Which cases showed exceptions to mistake of law?

(1) Lambert v. California
(2) United States v. Cheek
(3) Cox v. Louisiana

35

____ v. ______, an individual is not liable when he or she lacked a willful intent to violate the law

U.S.
Cheek

36

____ v. _________, an individual is not liable when that individual relied on an official statement of the law

Cox
Louisiana

37

When does the Model Penal Code recognize an ignorance of law defense?

When the defendant does not know the law and the law has not been published or made reasonably available to the public (notice)

38

An individual may be mistaken but still found criminally liable in the event that the facts as __________ by the defendant still comprise a crime.

perceived