Ccjs230

Front 1

What is necessary to hold individual accountable for crimes?

Back 1

1) Criminal conduct (act and intent)
2) Was it justified?
3) Was the unjustified conduct excused?

Front 2

In affirmative defense, what does the defendant have to bear? Explain.

Back 2

1) burden of production: responsible for putting in some evidence in support
2) burden of persuasion: proving their defense by preponderance of evidence

Front 3

What is justification defense?

Back 3

1) Defendant admit they were responsible for their acts but claim it was justified
2) Self-defense

Front 4

What is the rule of law? How is it violated?

Back 4

1) the government has a monopoly on the use of force
2) using force means taking the law into your own hand
3) Preemptive strikes and retaliation aren't allowed (too soon vs. too late)

Front 5

When is the rule of law allowed?

Back 5

1) allows 'self-help' to kick in
2) when necessity is great
3) it exists right now
4) it's for prevention only

Front 6

What is the element for allowing the rule of law?

Back 6

1) unprovoked attack: the defender didn't start the attack
2) necessity: defender is repealing an imminent deadly attack
3) proportionality: defenders' use of nondeadly force is not enough
4) reasonable belief: defender believe it's necessary to use deadly force

Front 7

What is excuse defense?

Back 7

1) Defendant admits that they were wrong but claim that they weren't responsible
2) insanity

Front 8

How has the right to use deadly to protect self and home been expanded?

Back 8

1) Kill an intruder by presuming rather than requiring proof of reasonable fear of serious bodily harm or death
2) Reject the general duty to retreat from attack

Front 9

What is retreat?

Back 9

1) you reasonably believe that you're in danger and that backing off won't unreasonably put you in danger or serious bodily harm

Front 10

What is the stand your ground rule?

Back 10

1) If he didn't start the fight, he could stand his ground and kill to defend
2) stand your ground and use deadly force to fend off an unprovoked attack

Front 11

If two men live in the same castle, can they both stand their ground?

Back 11

1) in the case of domestic violence, courts have adopted rules that allow women to stand their ground and kill their batterers

Front 12

What is defense of others?

Back 12

1) defense of anyone who needs immediate protection
2) limit the use of force or violence unless to protect himself

Front 13

What is the defense of home and property?

Back 13

1) a right not granted by any human code; therefore, it cannot be taken away
2) a man's home is his castle

Front 14

What is the choice of evils defense?

Back 14

1) the defense made the right choice, choosing now to do a lesser evil to avoid a greater evil

Front 15

What is the element of the choice of evils defense?

Back 15

1) identify the evils
2) rank the evils
3) reasonable belief that the greater evil is imminent (going to happen right now)

Front 16

What is consent?

Back 16

1) mentally competent adults can be crime victims if it is voluntary and knowing

Front 17

What is defense of insanity?

Back 17

1) a legal concept, not a medical term
2) mental illness may or may not be legal insanity
3) it is insanity only when the disease affects a person's reason or will

Front 18

What is the myth of insanity?

Back 18

1) it is overused (actually, it's just overestimated)
2) limited to murder cases (charged with other crimes)
3) there is no risk (longer sentences)
4) quick release (35% remain in custody, 47% under court restraint)

Front 19

What is civil commitment?

Back 19

1) courts have to decide if defendants who were insane when they committed their crimes are still insane

Front 20

What is the right-wrong test?

Back 20

1) depend on defendants' mental capacity to know right from wrong (M'Naghten Rule)

Front 21

What is mental disease? mental defect?

Back 21

1) paranoia
2) retardation or brain damage

Front 22

What is irresistible impulse test?

Back 22

1) we cant blame people who because of a mental disease lose their self-control and cant bring their actions into line with what the law requires

Front 23

What is substantial capacity test?

Back 23

1) defendants have to lack substantial, not complete mental capacity

Front 24

What is the product of mental illness test?

Back 24

1) Acts that are the product of mental disease or defect excuse criminal liability (Durham Rule)

Front 25

What is the defense of diminished capacity?

Back 25

1) failure-of-proof: allow defense to introduce evidence to negate specific intent
2) prove that defendant is innocent of the crime but may well be guilty of a lesser one

Front 26

What is diminished responsibility?

Back 26

1) a defense of excuse, where what I did was wrong, but under the circumstances I'm not responsible

Front 27

What is the 3 categories that divided children for the purpose of deciding their capacity to commit a crime?

Back 27

1) 0-6: no capacity
2) 7-14: no criminal capacity, but presumption could be overcome
3) 15+: same capacity as adults

Front 28

What are the three waivers to transfer a juvenile to adult criminal court?

Back 28

1) judicial (most common)
2) prosecutorial
3) legislative

Front 29

What is defense of duress?

Back 29

1) people are forced to what they do

Front 30

What is the four elements for duress?

Back 30

1) threats amounting to duress
2) immediacy of the threats
3) crimes the defense applies to
4) degree of belief regarding the threat

Front 31

What is the challenge for the defense of intoxication?

Back 31

1) accountability: take the consequences of their actions
2) culpability: punishment depend on blameworthiness
3) we can blame voluntarily intoxicated person
4) we cannot blame involuntarily intoxicated persons

Front 32

What is defense of entrapment?

Back 32

1) government agents get people to commit crimes they wouldnt otherwise commit

Front 33

What is subjective test of entrapment?

Back 33

1) focuses on predisposition: that the defendant was pressured to commit the crime that they wouldn't have committed without the pressure

Front 34

What is the objective test of entrapment?

Back 34

1) focuses on the actions the government take:
2) if the intent originate with the government, the court should dismiss the case

Front 35

What is the syndromes defense?

Back 35

1) a group of symptoms or signs typical of a disease or condition
2) some are taken seriously as excuses: PMS-Post traumatic stress

Front 36

What is the USA patriot act?

Back 36

1) united and strengthening america by providing appropriate tools required to intercept and obstruct terrorism
2) aimed at fighting and preventing international terrorism

Front 37

What is treason?

Back 37

1) levying war against or adhering to their enemies
2) giving aid and comfort
3) imprisoned for no less than 5 years and fined no less than 10,000

Front 38

What is adherence?

Back 38

1) breaking allegiance to your own country by forming an attachment to the enemy

Front 39

What does treason require?

Back 39

1) two witnesses to at least one overt act or confession in open court
2) banned legislatures and court from creating new treasons

Front 40

What is sedition?

Back 40

1) advocating the violent overthrow of the government
2) speech
3) writing
4) conspiracy (agreement)

Front 41

What is the Smith act of 1940?

Back 41

1) made it a crime to conspire to teach or advocate overthrowing the government by force

Front 42

What is sabotage?

Back 42

1) the crime of damaging or destroying property for the purpose of interfering with and hindering preparation for war

Front 43

What is espionage?

Back 43

1) secret observation of words and conduct by agent

Front 44

What is espionage during war time?

Back 44

1) collecting or communicating any information about troop movement

Front 45

What is espionage during peace?

Back 45

1) turning or attempting to turn over information about national defense to any foreign country

Front 46

What is terrorism?

Back 46

1) the use of violence and intimidation in the pursuit of political aims

Front 47

What is international terrorism?

Back 47

1) violent acts or act dangerous to human life that are committed outside the US
2) and committed with the intent to intimidate; influence; the policy and conduct of a government

Front 48

What is domestic terrorism?

Back 48

1) It has the same element as international terrorism but committed inside the US

Front 49

What is disorderly conduct?

Back 49

1) offenses against public order and morals
2) grew out of common law: breach of peace

Front 50

What is actual disorderly conduct?

Back 50

1) fighting in public

Front 51

What is constructive disorderly conduct?

Back 51

1) provoke or excite others to break the peace

Front 52

What is group disorderly conduct?

Back 52

1) unlawful assembly
2) rout
3) riot

Front 53

What is special disorderly conduct?

Back 53

1) false public alarms
2) public drunkenness
3) loitering or prowling
4) obstructing highways
5) disrupting meetings

Front 54

What is quality of life crime?

Back 54

1) vagrancy and loitering (stand around with no apparent purpose)
2) panhandling (stopping people on the street to ask for food/money

Front 55

How does the government regulate solicitation?

Back 55

1) they have leeway if it satisfies time, space, and manner test

Front 56

What is public nuisance injunctions?

Back 56

1) injurious to heath or is indecent or offensive to the senses
2) short term and no significant changes in intermediate and long-term
3) gang activity

Front 57

What is victimless-crime?

Back 57

1) prostitution
2) solicitation