Question
Alibi
Justification
-Defendant accepts responsibility but claims what they did was right based on circumstances
Excuse
-Defendants admit what they did was wrong but claim they were not responsible
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Question
•Nonaggressor/Unprovoked attack
1.Exception – withdrawal
•Necessity
1.Imminence requirement
Proportionality
Reasonable Belief
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Criminal law 1/5
Criminal law 1/5 Amanda Johnson
Question | Answer |
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3 types of defenses* Alibi Justification -Defendant accepts responsibility but claims what they did was right based on circumstances Excuse -Defendants admit what they did was wrong but claim they were not responsible | |
Elements of self defense* •Nonaggressor/Unprovoked attack 1.Exception – withdrawal •Necessity 1.Imminence requirement Proportionality Reasonable Belief | |
criminal conduct- a criminal act triggered by criminal intent | |
justification defenses defendants admit they were responsible for their acts but claim that, under the circumstances, what they did was right | |
excuse defenses defendants admit what they did was wrong but claim that, under the circumstances, they weren’t responsible for what they did | |
affirmative defenses defendants have to “start matters off by putting in some evidence in support” of their justification or excuse defenses | |
perfect defenses defenses in which defendants are acquitted if they’re successful | |
competency hearings special hearings to determine if defendants who have used the insanity excuse defense are still insane | |
imperfect defense when a defendant fails in the full defense but is found guilty of a lesser offense | |
mitigating circumstances circumstances that convince fact finders (judges or juries) that defendants don’t deserve the maximum penalty for the crime they’re convicted of | |
initial aggressor someone who provokes an attack can’t then use force to defend herself against the attack she provoked | |
withdrawal exception if initial aggressors completely withdraw from attacks they provoke, they can defend themselves against an attack by their initial victims | |
A legal fiction turns what into an act, although it is really a passive state? Possession | |
Drivers with dangerously high blood pressure who suffer strokes while they’re driving and kill someone while the stroke has incapacitated them is an example of which of the following? voluntarily induced involuntary acts | |
Most offenses that don’t require a mens rea do include which of the following an attendant circumstances element | |
The concurrence element means that a criminal intent has to trigger the criminal act | |
Criminal liability without subjective or objective fault is also called Strict liability | |
Another term for criminal act is Actus reus | |
General intent is the intent to have the mens rea. | |
Proximate cause is a subjective question of fairness that appeals to the jury’s sense Justice | |
What are the names of the two kinds of cause required to prove causation in “bad result” crimes? factual cause and legal cause | |
What is the only crime defined in the U.S. Constitution? treason | |
According to Griswold v. Connecticut (1965), which of the following describes the constitutional right to privacy? a fundamental right | |
Which of the following rights is guaranteed by the Fourth Amendment? Correct! flag burning as a political protest | |
Which amendments to the Constitution resulted in the void-for-vagueness doctrine The Fifth and Fourteenth Amendments | |
What name is given to offensive, sexually explicit material that is not protected by the First Amendment? obscenity | |
If an appellate court affirms the decision of the court immediately below, this means that the lower court’s decision is overturned | |
Retributionists assume that justice is best served by sending convicted offenders to prison | |
Sentencing laws that make prison release dependent on rehabilitation are called indeterminate sentencing laws. | |
The assumption underlying rehabilitation theory is that forces beyond offenders’ control cause them to commit crimes and experts using the correct therapy can reform criminals | |
The theory of punishment that includes the idea that it is right to hate criminals and they deserve to be punished proportionate to the harm they have done is the theory of retribution | |
Which doctrine imposes a legal duty to help or call for help for imperiled strangers? the “Good Samaritan” doctrine | |
Proximate cause is a subjective question of fairness that appeals to the jury’s sense of justice |