Criminal Law Terms: Defenses, Self Defense, Consent, Insanity, and Terrorism, Quizzes of Criminal Law

Download Criminal Law Terms: Defenses, Self Defense, Consent, Insanity, and Terrorism and more Quizzes Criminal Law in PDF only on Docsity! TERM 1 Common Law Felonies DEFINITION 1 MR MRS LAMB1. Murdrer2. Rape3. Manslaughter4. Robbery5. Sodomy6. Larceny7. Arson8. Mayhem9. Burglary TERM 2 Murder DEFINITION 2 intentionally and unlawfully causing the death of another person WITH malice aforethought TERM 3 Manslaughter DEFINITION 3 Unlawful killing of another person WITHOUT malice aforethought TERM 4 Rape DEFINITION 4 intentional and unlawful sexual penetration by force without consent FORCE TERM 5 Robbery DEFINITION 5 Taking and carrying away another's property by FORCE or threat of force with intent to permanently deprive the owner of possession FORCE; R= rope = forceful TERM 6 Sodomy DEFINITION 6 non penile/vaginal copulation, such as oral or anal sex between person and animal(today now man and man) FBI includes men, state and local didn't TERM 7 Larceny DEFINITION 7 Taking and carrying away of someone's property with intent to permanently deprive them WITHOUT FORCE NO FORCE; L= lack of TERM 8 Arson DEFINITION 8 The unlawful burning of a property of another TERM 9 Assault DEFINITION 9 Putting FEAR your hands on someone with force An attempt to commit a battery or intentionally putting another in fear MISDEMEANOR TERM 10 Mayhem DEFINITION 10 disfiguring someone to the point that they can't defend themselvesEx: cutting off arm TERM 21 View of Self-Defense in CJ System DEFINITION 21 Self-defense is really violative by the rule of law. CJ officials don't embrace self-help or vigilantism and want the law to handle problems rather than citizens. However the government understands it cannot be everywhere to protect people. Self-help=abhorred but accepted/allowed. TERM 22 Three circumstance in which self-help is done out of necessity DEFINITION 22 1. necessity must be great2. It exists "right now"3. It's for prevention only TERM 23 What two types of self-help fail the necessity test? DEFINITION 23 1. Preemptive strikes: using force to prevent an attack2. Retaliation: "pay back" TERM 24 Criminal Liability DEFINITION 24 Conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to an individual or public interest(Namely the behavior that deserves punishment) TERM 25 Requirements for criminal liability (3) DEFINITION 25 1. Criminal conduct (voluntary act)2. Criminal conduct is not justified3. Unjustified conduct is not excused TERM 26 Justification Defenses DEFINITION 26 Defendants admit they were responsible for their acts but claim that, under the circumstances, what they did was right (justified). Classic justification=self-defense TERM 27 Excuse Defenses DEFINITION 27 Defendants admit what they did was wrong but claim that, under the circumstances, they weren't responsible for what they did.Classic excuse=insanity TERM 28 What are the two kinds of defenses? DEFINITION 28 1. failure-of proof defenses2. affirmative defenses TERM 29 Failure-of-proof defenses DEFINITION 29 the defendant only has to raise a reasonable doubt about the prosecution's proof of just one element in the crime.Ex. insanity=defendants raise a reasonable doubt that prosecution has proven the mental element of the crime. TERM 30 Affirmative Defenses DEFINITION 30 defendants have to "start matters off by putting in some evidence in support" of their justification or excuse defenses defendant bears the burden of production/proof and the presumption of innocence Most are perfect defenses TERM 31 Four elements of self defense DEFINITION 31 1. Unprovoked (defendant didn't start or provoke attack)2. Necessity (repel imminent danger and/or death right now)3. Proportionality (only way to stop them its just illegal-no excessive force)4. Reasonable belief (thought it was necessary to use force to repel attack; seen as only option)Self defense not available to: initial aggressor ; withdrawal exception TERM 32 Withdrawal Exception DEFINITION 32 If initial aggressors completely withdraw from attacks they provoke, they can defend themselves against an attack by their initial victims. Self-defense is available in limited fashion TERM 33 Alibi defense DEFINITION 33 couldnt do the crime because you [weren't there] were some where else during the commission of the crime; therefore not guilty TERM 34 Initial aggressor DEFINITION 34 someone who provokes an attack and can't use force to defend himself against the attack he provoked.-does not have self-defense available to him unless jurisdiction accepts withdrawal exception. TERM 35 Three types of excuse defenses DEFINITION 35 1. insanity2. infancy3. forced to commit crime TERM 46 Imperfect defense DEFINITION 46 when a defendant is found not guilty of most egregious acts but are still guilty of lesser ones; still exposed to criminal liability just not to extent you could have been. TERM 47 Burden of Production DEFINITION 47 the responsibility to introduce initial evidence to support a defense TERM 48 Burden or Persuasion DEFINITION 48 the responsibility to convince the fact finder of the truth of defense defendant never have beyond a reasonable doubt (ONLY PROSECUTION) [highest standard] TERM 49 Four situations where consent justifies criminal conduct DEFINITION 49 1. No serious injury results from consensual crime2. The injury happens during a sporting event3. The conduct benefits the consenting person, such as when a patient consents to surgery4. The consent is to sexual conduct TERM 50 Voluntary consent DEFINITION 50 consent was the product of free will, not of force, threat of force, promise, or trickery TERM 51 Knowing consent DEFINITION 51 the person consenting understands what she's consenting to; she's not too young or insane to understand TERM 52 Authorized consent DEFINITION 52 the person consenting has the authority to consent TERM 53 Shifting burdens DEFINITION 53 Burden of proof is generally on the defendant to prove his allegations either by preponderance of the evidence or clear and convincing evidence. Defense has the burden of disproving beyond a reasonable doubt. offer some evidence beyond "mere assertion" (i.e. alibi) Prosecution will most likely refute affirmative defense, excuse, alibi, etc. TERM 54 Historical self defense DEFINITION 54 protect yourself and immediate familyhome = castle TERM 55 Choice-of evils defense DEFINITION 55 aka general defense of necessity, it justifies the choice to commit a lesser crime to avoid the harm of a greater crime. The choice of the greater evil has to be both imminent and necessary. Those who choose the lesser evil have to believe reasonably that their only choice is to cause to lesser evil to avoid the imminent greater evil. TERM 56 Retreat rule DEFINITION 56 you have to retreat from an attack if you reasonably believe(1) that you're in danger of death or seriously bodily harm and(2) that backing off won't unreasonably put you in danger of death or serious bodily harm. TERM 57 Stand-your-ground rule DEFINITION 57 if you didn't start the fight, you can stand your ground and kill to defend yourself without retreating from any place you have the right to be. TERM 58 Common Law Retreat Rule v. Now DEFINITION 58 english common law had to prove retreated to wall first- before acting in self defense (retreat) some states require: castle exception- allows to stand ground and fight to fend off unprovoked attack - expanded today anywhere they have legal right to b TERM 59 Cohabitant Exception DEFINITION 59 in the exception jurisdictions that follow the retreat rule, people who live in the same home don't have to retreat. TERM 60 Officers' Use of Force DEFINITION 60 police officers are held to a higher standard than individuals when they use deadly force and are not protected by the blanket immunity granted to citizens under the castle laws. TERM 71 Substantial Capacity Test DEFINITION 71 aka- MPC test designed to remove the objection of the right-wrong test, irresistible impulse test, and Durhamrule.was majority rule until Hinckley 14 states use this, but not in federal courts (replaced w/ right- wrong test in 1984) Not criminally responsible-> lacks substantial capacity to see wrongness of actions or conform conduct to law as a result of mental disease or defect. TERM 72 Product Test (Durham Rule) DEFINITION 72 acts that are "products" of mental disease or defect excuse criminal liability.only have to prove mental d/d [suffering from it] and you did the crimeglitch:-now you have to prove you're sane beyond a reasonable doubt-it's only followed in New Hampshire (also uses mental illness test?) TERM 73 Reason and Will DEFINITION 73 Right-wrong test focuses exclusively on reason. Psychologists call it "cognition"; the capacity to tell right from wrong. Three other tests focus on reason and/or will. Psychologists call it "volition", most of us call it "willpower"; in the insanity tests, it refers to defendants power to control their actions. TERM 74 Mental Illness Test DEFINITION 74 if a criminal act results as a product of a mental illness, person is not criminally responsible (applied to Hinckley).-law threshold for mental illness-Burden shifts to government (ex. has to prove Hinckley is sane beyond a reasonable doubt)Problem: how do you prove what is sane? TERM 75 Bifurcated trial (two-stage trial) DEFINITION 75 a two phase trial, in which the first phase determines whether the state has met its burden of proof and, if so, the second phase determines whether the defendant has sustained the burden of establishing a mental illness disease. TERM 76 Infancy DEFINITION 76 Basic assumption is that child cannot form criminal intent, turned over to social services->supervision.Under 7: irrefutable presumption that they lack the capacity to form criminal intent/ commit a crime [lack of maturity] 7-14: presumed not to have a mental capacity to commit a crime, but it is a rebuttable presumption(can show person deserves to be punished under criminal law15 and older- same as adult, can shows presumed capacity to commit crime.States vary, but use these for test. Less punishment for juveniles. TERM 77 Duress Defense (4 elements) DEFINITION 77 when defendants use the excuse that they were forced to do what they did.1. Nature of the threat (death threats, threat of serious bodily injury)2. Immediacy of threat (potential harm is imminent)3. Crimes the defense applies to (does not apply to murder)4. Have to have reasonable belief threat is real TERM 78 Intoxication DEFINITION 78 Includes both drugs and alcoholVoluntarydoes not diminish criminal responsibilityInvoluntaryis a defense hard to prove! drug slipped into drinkDefense is buffered between two conflicting principles: Accountability Culpability TERM 79 Entrapment DEFINITION 79 Govt. forced you to do it, rarely unsuccessful (only for drug/murder for hire). Most drug cases (undercover cops)defense has to prove govt pressured to commit crime they would not have otherwise committed without pressure (preponderance of evidence)4 things: pre-disposition:1. prior conviction2. willingness to commit crime3. criminal expertise in crime4. readiness to commit crime TERM 80 Subjective Test of Entrapment DEFINITION 80 asks whether the intent to commit the crime originated with the defendant TERM 81 Objective Test of Entrapment DEFINITION 81 asks if the intent originates with the government and their actions would tempt an "ordinarily law-abiding" person to commit the crime, the court should dismiss the case TERM 82 Dan Sickles Case DEFINITION 82 Sickles was a General of the Union Army who was acquitted with the first use of temporary insanity as a legal defense in U.S. history after killing his wife as a result of her cheating on him. TERM 83 Reality of Insanity Defense DEFINITION 83 Insanity defenses are not:1. overused2. limited to murder cases TERM 84 Homeland Security DEFINITION 84 The federal, state, and local government effort to prevent a major loss of life due to a terrorist attack of natural disaster and mitigate the effects of an attack or disaster. It generally assumes the threat is greater than can be addressed by state and local agencies or a single federal agency. TERM 85 Homeland Security Dilemma DEFINITION 85 No agency can deal with terrorism alone->different agencies need to work together, but all different levels of government, state and fed agencies-all operate as autonomous entities. Need improved coordination and resource sharing--whether personnel equipment or info--to develop a formidable strategy to counter future acts of terrorism. TERM 96 Left wing DEFINITION 96 -Profess revolutionary socialist doctrine-Belief in protecting Americans against capitalism and imperialism-Goal is to cause radical change in US-Revolutionary measures rather than participating in political process TERM 97 Special Interest DEFINITION 97 -Specific and focused objectives pursued rather than widespread political change.-Major themes: Animal rights Environmental preservation Right to life -Collateral damage doesn't matter to them (may get involved in criminal activity) TERM 98 Terrorist Motivators DEFINITION 98 -Political-Religious-Racial (ex. KKK)-Environmental-Special Interest TERM 99 Immediate Goals of Terrorist Organizations DEFINITION 99 Create fear Create recognition for cause Cause overreaction by government Obtain money & equipment Disrupt and /or destroy infrastructure Destroy lives TERM 100 Terrorist Objectives DEFINITION 100 Gain recognition Coercion Intimidation Provocation TERM 101 Terrorist Tactics DEFINITION 101 Armed assault Bombing Hoaxes and threats Product contamination Arson Cyber terrorism Assassination Hijacking Hostage taking Kidnapping HACK HAP HAB TERM 102 Most Common Weapon DEFINITION 102 Preferred method of attack for all terrorists= weapon of mass destruction (i.e. bombings) TERM 103 Lone Terrorists DEFINITION 103 aka Lone Wolves-act alone or enlist small group to perpetrate terrorist attack-typically highly intelligent-could act any one of typical terrorist motivation-takes matters into own handsEx. Timothy McVeigh US Soldier in Gulf War, enraged at fed govt. Ridge, Idaho and Waco, Texas Initiated bomb attack in Oklahoma City Killed 168 people TERM 104 SWAT Teams DEFINITION 104 Traditional involvement has been redefined. Before they were concerned with drugs, but after 9/11, terrorism became a law enforcement concern.