Exam 2 Flashcards
(123 cards)
0
Q
Is the definition of trial by ordeal
A
Torturing someone and if they survived it was was God’s judgment of innocence
1
Q
What is the concept of criminal responsibility
A
The accused must be capable of forming necessary mens rea to be blameworthy for committing a crime
2
Q
What is the definition of an infant
A
A person who has not yet reached the age of majority
3
Q
Under common law what presumption of age can a person not form a mens rea
A
0-7 years old
4
Q
What is an irrebuttable presumption?
A
An absolute presumption where no party can bring forth evidence to prove otherwise
5
Q
Under common law, what ages provided a rebuttable presumption of lack of capacity
A
7-14
6
Q
What ages, under common law, were treated as adults
A
14+
7
Q
Under typical modern statutes what replaced the defense of infancy?
A
The entire juvenile justice system
8
Q
Does the defense of infancy exist in typical modern statutes?
A
No
9
Q
What is the intention of the juvenile justice system
A
Do not “punish” but “do what is best in the interest of the juvenile”
10
Q
What phrase stands for “in place of a parent”
A
“In loco parentis”
11
Q
If a child is tried as an adult in one case can they be tried as a juvenile in their next case?
A
No - once an adult always an adult
12
Q
What is the definition of insanity
A
The point at which we believe a person, because a mental disease or defect of the mind, cannot exercise free will and thus is not blameworthy
13
Q
How does the defense of insanity relate to Hall’s Theory?
A
Insanity is a legal term, NOT a psychological term
14
Q
Insanity as a defense only has to do with the state of mind at the time of what?
A
The crime
15
Q
What are the requirements of the M’Naghten Rule?
A
Requires proof that the defendants mine was so disease or defect of that he either 1. did not know he was doing or 2. knew what he was doing but could not distinguish if it was right or wrong
16
Q
What is the third element of the M’Naghten Rule under modern statutes
A
- Irresistible impulse
17
Q
Who’s job is it to prove insanity?
A
The defendant -NOT prosecutor
18
Q
What is jury nullification?
A
Acquitting a defendant by a jury in disregard of the judges instructions and contrary to the jury’s finding of the facts
19
Q
What is an example of jury nullification
A
Feeling sorry for the defendant or thinking he’s been punished enough
20
Q
What case is an example of the defense of insanity?
A
Lorena Bobbitt - Cut off her husband’s penis and was acquitted by reason of insanity
21
Q
Durham or New Hampshire Insanity Rule definition
A
Leaves the question of whether the mental illness of the defendant caused his otherwise criminal behavior to the jury as a fact of question
22
Q
Substantial capacity test
A
The defendant lacks mental capacity to 1. Distinguish between right or wrong or 2. Conform his conduct in to the requirements of the law
23
Q
What cases lead to new criteria for insanity called “guilty but mentally ill”
A
Hinkley (1981), Kiritsis (1977), & Bobbitt (1993)
24
What is the Hinkley case (1981)
He was in love with Jody Foster and try to assassinate Pres. Reagan because he believed Jody was telling him to do it
25
What is the Tony Kiritsis case?
Held a mortgage banker hostage in Indianapolis circle with a shotgun while everyone watched
26
What is the criteria for "guilty but mentally ill"
The defendant is guilty and mentally ill but not legally insane
27
If the defendant is found "guilty but mentally ill" what type of sentence what he or she serve?
Treated for mental illness in a facility until "not mentally ill" then serves the remainder of the sentence in prison
28
What happens if a person is found not guilty by reason of insanity?
They owe no time to the criminal justice system, but a separate action is taken to have them committed to a mental institution if they are a danger to society
29
Is having someone committed who has been found not guilty by reason of insanity a criminal or civil action?
Civil action
30
What are other types of syndromes or disorders that have been used as a defense
PMS, post-traumatic stress disorder, battered women syndrome, postnatal depression, temporary insanity
31
What is the "Twinkie defense" of insanity
a man murdered the mayor and claimed it was because he was on a sugar high so he could not make sound decisions
32
Why is temporary insanity a feeble defense?
Insanity does not just "come and go"
33
What is the definition of diminished responsibility
Mental disease or stressors that do not rise the level of insanity but tend to diminish responsibility
34
Is diminished responsibility an absolute defense
No it's only a partial defense or mitigating factor - states that allow it limited to a defense for specific intent crimes
35
What is the competency to stand trial
Sanity at the time of trial based on the right of the defendants to understand the charges and proceedings against them
36
Under common law can corporations be held liable for crimes? Why/Why not?
No because they are not people & can not for mens rea
37
Under modern statutes criminal liability of corporations can be...?
Impute mens rea of officers directors employees to the corporation OR impute ACTIONS of those persons who can have the required mens rea.
38
Is self defense or defense of others a blameworthy state of mind?
No - actor is left with no other choice
39
What three points must be present when determining whether not to use self-defense?
Lawfulness, necessity, and reasonableness
40
What is the definition of coming to the aid of another? (3 key factors)
Must reasonably believe that the person being aided would be entitled to use self-defense 2. Use of force is necessary to prevent injury 3. Use reasonable amount of force
41
What is the definition of deadly force
Force that is capable of causing or is likely to cause death or serious bodily injury
42
How does a person lose the self-defense privilege?
If they are the "aggressor" or the person who starts the use of force
43
What is the "Castle Doctrine?"
A person does not have the duty to retreat within one's home
44
Why does the Castle doctrine exist?
If someone is going to break into another person's home they are thought to be wanting to cause serious injury or death
45
Do states allow for the use of deadly force to prevent or terminate unlawful entry into a person's home?
Yes
46
What are "make my day" rules?
Rules that put no restrictions on use of force by the occupant of a dwelling in response to a trespasser
47
Are use of force rules the same for property that is not house or habitation?
Yes but they must be in response to unlawful actions and necessary/reasonable
48
When is the use of deadly force reasonable in the defense of property
Never - life is always more valuable than property
49
Are booby-traps lawful to protect property or habitations?
No
50
Why are spring guns not allowed in the defense of property
They cannot exercise discretion as to whether not the entry is unlawful
51
What United States Supreme Court case from 1985 defined the current standard for use of deadly force to effect an arrest?
Tennessee v. Garner
52
Can use of force by a police officer be used for any crime?
No - not misdemeanors
53
The case Graham vs. Connor based on the fourth amendment decided what about use of force by police officers?
The use of non-deadly force by a police officer must be reasonable
54
Under common law is the use of force lawful when a person is resisting an unlawful arrest?
Yes
55
Under typical modern statutes is the use of force lawful when a person is resisting an unlawful arrest?
No unless the arrest is effected using excessive force
56
Is using a Taser an example of excessive force?
Yes
57
What type of force may parents use when disciplining their children?
"Reasonable" force
58
Can parents who are "in loco parentis" use reasonable force to discipline children?
Yes
59
What is the definition of an affirmative defense
A defense to a criminal charge in which the defendant generally admits doing the criminal act but claims a legal justification or excuse for the fact
60
Are examples of affirmative defenses (3)
Insanity, self-defense, and defense of habitation
61
What is immunity as a defense
An exemption from criminal prosecution
62
What are three types of immunities
Diplomatic, legislation, witness immunity
63
What are the two types of witness immunity
Use and transactional
64
What is "use" witness immunity
Agree not to use any of the testimony against the witness
65
What is "transactional" witness immunity
Agree not to prosecute for a particular specific crime or incident
66
What phrase directly translates as "Ignorantia Legos neminem excusat"?
"Ignorance of the law excuses no one"
67
Is ignorance or mistake of law a defense to a crime?
No
68
What are the two criterion for ignorance or mistake of fact as a defense?
1. The defendant held and genuine and reasonable belief in a fact 2. Which, if true, would have justified or excused the act done
69
In what type of cases is mistake of fact never a defense?
Strict liability
70
It is a crime to break into someone's home with the intent to commit a felony. A drunk man broke into a family's home and was so incredibly drunk they had no idea where he was or how he got there. Can he be convicted of a felony?
No because he did not have the specific mens rea to commit a felony.
71
What is the definition of Compulsion or Duress?
a defense where the defendant has no mens rea, but rather does the act under the threat of bodily harm to himself or member of his family
72
Is compulsion or duress a defense to criminal homicides? Why/why not?
No because all life is equal - never trade one for the other
73
What is the definition of necessity?
A defense in which a criminal act is necessary to save the life of the actor or member of his family
74
Consent is never a defense to a crime unless...?
The lack of consent is an element of the crime
75
What is the definition of an alibi?
A defense that the defendant physically cannot have committed the crime because he was at another place at the time the crime was committed
76
What is the purpose of an alibi notice statute?
To give the prosecutor an opportunity to investigate the alibi
77
What is the definition of entrapment
An available defense where the defendant has been induced by a police officer to commit a criminal act in order to arrest him for it
78
What is the automatic bright-line test for entrapment?
There isn't one - it must be a fact-based determination
79
What is the definition of double jeopardy
A person cannot be tried for the same crime twice after he or she has been found not guilty
80
What does "res judicata" mean?
Issues as to parties
81
What is collateral estoppel?
Judicially determined facts
82
Can res judicata & collateral estoppel be re-litigated in civil cases?
No
83
What is the definition of Statute of limitations?
Limitation on the amount of time that can lapse between the crime and filing of charges
84
What is the statute limitations on murder
This is not one
85
What is the Speedy Trial Rule violation definition?
The defendant has the right to a speedy trial by a jury of his peers
86
Within how many days should a defendant be brought to trial?
72 days from the date of charges filed
87
What is overbroad law?
A law that attempts to criminalize constitutionally protected conduct
88
What five categories are not protected by the First Amendment?
Obscenity, fighting words, and inciting unlawful conduct, defamation, and public nuisance
89
What is an example of clear and present danger speech?
Shouting fire in a crowded movie theater
90
What is the legal definition of disorderly conduct?
Making an unreasonable noise and continuing to do so after being asked to stop
91
What is the definition of nuisance speech?
Not criminalize because of the content but because it is unreasonable in time, manner, or place
92
Is the definition of fighting words
Words that, by the very utterance, tend to incite immediate breach of peace
93
What speech is the very core of the First Amendment
Political speech
94
What are the 3 criteria for disorderly conduct?
Is it unreasonable in time, place, or manner
95
Is obscenity protected by the First Amendment
No
96
What landmark Supreme Court case defined what is obscene and criminally punishable speech?
Miller v. California
97
What is the definition of inciting?
The offense of urging another to commit unlawful acts
98
What is the definition of defamation?
Offense of injuring the character or reputation of another by oral or written communication of false statements
99
What is the definition of libel
Written defamation
100
Is the definition of slander
Spoken defamation
101
Why is there a higher standard for defamation against public officials?
Political speech is that the exact crux of the First Amendment
102
What are examples of "symbolic speech"?
Flag burning
103
Why are threats criminalized
Because they create fear and harm does not have to be a blood dripping victim
104
What are "true threats"
Serious expressions of an intent to inflict bodily harm
105
What type of threats are considered federal offenses
The use of US mail, telephones, or other interstate communication devices to make a threat
106
What is an example of a nuisance speech?
Screaming in an intensive care unit
107
Is the First Amendment right of assembly an absolute right?
No
108
How many people are required to commit a crime of unlawful assembly or riot?
3 or more people
109
Why are crimes of unlawful assembly and riots also considered concerted action crimes?
Because they require at least two people
110
What is the definition of unlawful assembly under common law?
The gathering of three or more people for any unlawful purpose
111
What is the definition of riot under common law
Tumultuous disturbance of the peace by 3+ people with intent to commit an unlawful act
112
How are crimes of unlawful assembly and riots similar to conspiracies?
They are concerted action crimes that require two or more people to commit them.
113
Why is it difficult to write laws against stalking?
Because it is hard not to infringe on the right to assemble and free-speech
114
In Indiana, stalking is considered what type of crime?
General intent crime
115
What is a protective order
A court issued an order requiring a person to stay away from another person
116
Is the right to bear arms absolute?
No
117
Can congress pass legislation that establishes a religion or prohibits someone from practicing their religion?
No
118
Is the right to privacy explicitly written in the constitution?
No
119
What case from 1965 deemed unconstitutional to prohibit providing birth-control information to married women via the 14th amendment?
Griswold v. Connecticut
120
What Supreme Court case from 1973 deemed it unconstitutional for the states to ban abortion during the first trimester pregnancy via the 14th amendment?
Roe v. Wade
121
What Supreme Court case from 2003 struck down the statute prohibiting consensual, private homosexual conduct via the 14th amendment?
Lawrence v. Texas
122
What Supreme Court case from 2007 upheld the federal ban on partial-birth abortions?
Gonzalez v. Carhart
