Ch. 10 Defenses to Criminal Responsibility (E3/FINAL)

Question 1

An { } defense acknowledges that a crime was committed but offers some justification or excuse to { } the defendant’s { }.

Answer 1

1) Affirmative
2) Negate
3) Culpability

Question 2

This affirmative defense relies on the genuine and honest belief that an accused acted in accordance with the law.

Answer 2

What is Mistake of Law?

Question 3

This affirmative defense argues that the accused made an honest error.

Answer 3

What is Mistake of Fact?

Question 4

This affirmative defense argues that an accused was coerced to involuntarily commit a crime.

Answer 4

What is Duress & Consent?

Question 5

This affirmative defense assumes that existing conditions (in nature or otherwise) caused the accused to commit a criminal act as the lesser of two evils.

Answer 5

What is Necessity?

Question 6

What is the key difference between Duress & Consent and Necessity?

Answer 6

“Duress & Consent” refers to “persons”

“Necessity” refers to “circumstances”

Question 7

This affirmative defense negates culpability when the victim, in advance, voluntarily acquiesced to nonserious bodily harm.

Answer 7

What is Consent of Victim?

Question 8

This affirmative defense argues that the police were responsible for making an accused commit a crime that otherwise would not have been contemplated.

Answer 8

What is Entrapment?

Question 9

When the accused does not possess the mens rea required of an intent crime, they are said to have a… (HINT: This is also an affirmative defense)

Answer 9

Diminished capacity

Question 10

This affirmative defense states that the defendant’s state of mind renders them inculpable for criminal action due to a mental illness or disease.

Answer 10

What is Insanity?

Question 11

What is the key difference between diminished capacity and insanity?

Answer 11

Diminished capacity - typically refers to mental incapacitation or defect

Insanity - typically refers to mental illness or disease

Question 12

What is the key difference between a mental DISEASE and a mental DEFECT?

Answer 12

Disease - condition that could worsen or improve over time

Defect - permanent, unchanging condition

Question 13

Of the 8 types of affirmative defenses, which 2 refer to the defendant having “no reasonable alternative?”

Answer 13

1) Duress & Consent
2) Necessity

Question 14

What are the 2 components of entrapment?

Answer 14

1) Inducement
2) Predisposition

Question 15

What is the difference between inducement and predisposition?

Answer 15

Inducement - refers to police actions that give the defendant the opportunity to commit a crime

Predisposition - refers to past or present behavior that would make the defendant feel inclined/enticed to commit a crime

Question 16

Can you have entrapment WITHOUT inducement?

Answer 16

NO!

Question 17

Is inducement allowed in policing procedures? Explain.

Answer 17

Yes, inducement is permissible, but it cannot be excessive

Question 18

Inducement is said to be excessive when it shocks…

Answer 18

The conscience of the community

Question 19

List the 6 legitimate types of diminished capacity.

Answer 19

1) Infancy
2) Intoxication
3) Retardation
4) Automatism
5) Premenstrual Syndrome
6) Battered Person’s Syndrome

Question 20

What are the 2 types of intoxication?

Answer 20

Voluntary & involuntary

Question 21

List the 2 illegitimate types of diminished capacity.

Answer 21

1) XYY Chromosome Disorder
2) Twinkie Syndrome

Question 22

List the 3 tests for an insanity defense in order of most difficult to use to easiest.

Answer 22

1) M’Naghten Rule
2) Substantial Capacity
3) Durham Test

Question 23

Is M’Naghten an “OR” or an “AND” test?

Answer 23

OR test

Question 24

What is the complement test to the M’Naghten Rule (HINT: This test is NOT a standalone test)?

Answer 24

Irresistible Impulse Test

Question 25

What is another name for the Irresistible Impulse Test that serves as its benchmark (i.e., it tests how far gone you are)?

Answer 25

Policeman-At-An-Elbow Test

Question 26

This M’Naghten Rule test asks whether the defendant knew right from wrong (HINT: THIS IS A STANDALONE TEST).

Answer 26

What is the Right-Wrong Test?

Question 27

This M’Naghten Rule test asks if the defendant knew what they were doing and understood the consequences of their actions (HINT: THIS IS A STANDALONE TEST).

Answer 27

What is the Nature & Quality Test?

Question 28

With the Nature & Quality Test, this refers to defendant actions and whether they knew what they were doing.

Answer 28

What is nature?

Question 29

With the Nature & Quality Test, this refers to the consequences of the defendant’s actions.

Answer 29

What is quality?

Question 30

This aspect of the Substantial Capacity Test refers to the inability to appreciate the criminality of one’s conduct (i.e., did they possess substantial mental capacity to distinguish right from wrong?).

Answer 30

What is cognition?

Question 31

This aspect of the Substantial Capacity Test refers to the inability to conform one’s conduct to the requirements of the law (i.e., did they have substantial mental capacity to conduct themselves accordingly?).

Answer 31

What is volition?

Question 32

Since Durham is the easiest to assess insanity (mental illness/disease), what excuse can the defendant hypothetically use to get exonerated from a drunk driving accident? Why?

Answer 32

Alcoholism because it has to be treated and likely has underlying causes in itself

Question 33

Insanity, as we understand it in law, is a { } term, meaning that it does not look into your { } records (HINT: one blank is the term “medical” and the other is “legal”).

Answer 33

1) Legal
2) Medical

Question 34

Does the 5th Amendment’s Double Jeopardy clause apply if you fake insanity?

Answer 34

NO! You will, in fact, be tried again

Question 35

The strictest AND oldest insanity test.

Answer 35

What is M’Naghten?

Question 36

The 4 states that have abolished insanity will refer to you as this.

Answer 36

What is Guilty But Mentally Ill (GBMI)?

Question 37

The 4 states that use the Guilty But Mentally Ill (GBMI) verdict use this test to determine mental illness.

Answer 37

What is M’Naghten?