Criminal Defenses

There can be a second trial if there is an __ or __.

acquittal or dismissal with prejudice

Substantial capacity test

allows a legal insanity defense if a person lacked the mental capacity needed to understand the wrongfulness of his or her act or to conform his or her behavior to the requirements of the law

Irresistible impulse test

allows an insanity defense on the basis that there was an uncontrollable desire or emotion; sometimes known as the "policeman at his elbow" test

Castle Doctrine

allows people to use all necessary force, without retreating, to defend themselves when they are in their homes

duress

argues that the defendant was coerced into committing a criminal act which he or she otherwise would not have committed, by threat of someone's death or serious bodily harm against the family

Entrapment is often invoked by those involved in __.

buying or selling drugs by an undercover police officer

competency

concerns the defendant's mental state at the time of trial or other proceedings

__ is not a defense in cases of statutory rape or statutory sexual offense.

consent

automatism defense

criminal acts committed involuntarily (ex: sleepwalk, seizures, drugged without knowing)

The insanity defense reform act places the burden of proof of insanity on the __.

defendant

necessity defense

defendant claims that even worse harm would have resulted if he/she had not committed the charged criminal act - this crime the lesser of two evils (ex: sell the drugs or I'll kill you)

intoxication defense

defense claiming that at the time of a crime, defendant was so drunk or high that they did not know what they were doing

M'Naughten rule

determines if a defendant is legally insane if he/she cannot distinguish between right and wrong in regard to the crime with which he/she is charged.

A foreign government can chose to waive __ and prosecute.

diplomatic immunity

examples of Constitutional limitation defenses

double jeopardy, statute of limitations, immunity

Battered Woman's Syndrome can be used as a __ defense when a crime is committed against a third party.

duress

reasons for statue of limitations

evidence and memories become less credible after years pass

If the defendant use __, then self-defense is not an adequate defense.

excessive force

If the accused admits to committing a crime, then he can assert a defense based on __ or __.

excuse and justification or Constitutional limitation

diplomatic immunity

freedom from arrest and/or prosecution in the host country of accredited diplomats

The defendant would need to have an alibi and some witnesses if __.

he or she denies committing the crime

statue of limitations

how much time can pass between when a crime is committed and when someone is charged for that crime; a time limit

Mistake of fact is __.

not a successful defense

entrapment defense

person claims that law enforcement or other officials induced him to commit an offense he would not otherwise have committed

defense of others

person must have reasonable belief that the person being defended would have been justified in using the same degree of force to protect himself

conditions for the use of self-defense

person was the aggressor; reasonably believed he or another person was in imminent danger of death or serious injury; reasonably believed that use of force was necessary to protect; used a reasonable amount of force; retreated if safely possible

Prosecutor may counter the entrapment defense by showing that the defendant was __.

predisposed to commit the offense anyway

legislative immunity

protects representatives and senators from suits for libel or slander

In order to use deadly force, defendant must show __.

reasonable fear of imminent death or serious bodily injury

Battered Woman's Syndrome is often used as a __ defense.

self-defense

A person can be tried for the same crime in __ and __.

state and federal courts

The __ test addresses both intellectual and emotional condition if the perpetrator.

substantial capacity

It is easier to be found insane under the ___ than the M'Naughten Rule or the Insanity Defense Reform Act.

substantial capacity test

critiques of the M'Naughten rule

too difficult to meet; does not allow for emotional inability to control actions

The entrapment defense is almost always __.

unsuccessful

nontraditional defenses

victim's negligence, post-traumatic stress syndrome, junk food defense, television intoxication

__ intoxication is almost never a successful defense.

voluntary

factors of competency

whether defendant is able to consult with attorney; whether defendant has rational understanding of the proceedings

transactional immunity

witness is immunized from prosecution for any crime related to the transaction to which the witness testifies

If there is a reasonable legal alternative to a criminal act, the __ fails.

necessity defense

use immunity

a limited form of immunity where the person's testimony cannot be used as evidence against him or her

A battered woman may be able to successfully use self-defense if she can show __.

a pattern of battering; the act was in response to the battering

Stand Your Ground Statutes

a person may use deadly force if attacked in a place where he or she has the right to be (ex: a public area)

double jeopardy

no person can be tried more than once for the same crime

unofficial types of defenses

"I didn't do it", "I did it, but...", "You're not allowed to prosecute me"

major tests for insanity

"M'Naughten rule", "irresistible impulse" standard, "substantial capacity" standard

The __ test is sometimes added by states to address the issue of emotional control in an insanity defense.

"irresistible impulse"

The insanity defense is raised in only __ percent of felony trials.

1%

reasons to rethink statute of limitations

DNA evidence remains valid over time; victims of molestation may come forward in adulthood rather than childhood

The federal standard for the insanity defense is the __.

M'Naughten Rule

The Substantial Capacity test requires a showing of substantial instead of total __.

impairment

examples of excuse and justification defenses

infancy (juvenile), intoxication, necessity, coercion, insanity, self-defense, defense of others, unconscious

Competency and __ are separate legal issues.

insanity

cold cases

investigation that has not been solved after a certain amount of time

__ intoxication is considered a defense.

involuntary (ex: someone slips a pill in your drink)

Medically diagnosed mental illness and __ are not the same.

legal insanity

Ignorane of the law or __ is not a defense.

mistake of law