chapter 4 Flashcards
A: Proof that the minor knew the wrongfulness of the act at the time it was committed.
A: Age, intelligence, education, and experience.
A: Hiding the stolen product shows they knew it was wrong.
A: They help determine the minor’s capacity to understand their actions.
A: Need for age-appropriate interventions and questions about rehabilitation versus punishment.
- ## Q: What challenges arise in proving a minor knew their actions were wrong?
A: Assessing cognitive development, interpreting behavior, and external influences.
Flashcard 1:
- Q: What does “Ignorance or Mistake of Fact” mean in legal terms?
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A: It refers to a situation where a person is not aware of a fact that negates the legality of their actions.
A: A man mistakenly takes someone else’s jacket, thinking it’s his own.
Flashcard 3:
- Q: How can a faulty speedometer relate to “Ignorance or Mistake of Fact”?
- A: If a person drives over the speed limit due to a broken speedometer, they may not be aware they’re speeding.
Flashcard 4:
- Q: What is a key consideration in cases of “Ignorance or Mistake of Fact”?
- A: Whether the person acted reasonably based on their understanding of the situation.
Flashcard 5:
- Q: Can children be held accountable for “Ignorance or Mistake of Fact”?
- A: It depends on their age and understanding of the situation, like a child running after a ball and getting hit by a car.
Flashcard 1:
- Q: What is the defense of threat, duress, and coercion?
- A: It allows the accused to claim they acted under threat, duress, or coercion, believing their life was in danger. Not applicable if the crime is punishable by death.
Flashcard 2:
- Q: When can the insanity defense be used?
- A: When the person should not be held criminally liable due to a mental disease or disorder, proven by a preponderance of evidence.
Flashcard 3:
- Q: What must be proven for an insanity defense to be successful?
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A: The person did not understand the nature of their actions or could not distinguish right from wrong.
Flashcard 4:
- Q: Name some other criminal defenses besides threat, duress, coercion, and insanity.
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A: Self-defense, entrapment, necessity, lawful capacity of office, and legal duty.
Flashcard 6:
- Q: What is entrapment?
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A: A defense where the accused argues they were induced by law enforcement to commit a crime they otherwise would not have committed
A: A defense where the accused argues they were fulfilling a legal obligation when committing the alleged crime.