Chapter 9 Powerpoint pt. 3 Flashcards
17th century, juveniles were divided into what three categories?
(1) Under 7 years; lack capacity to form intent
(2) Between 7 and 14 years; assumed to lack capacity, but is rebuttable at court
(3) Over 14 years; possess adult capacity
Early _______ ____ did not recognize infancy as a defense, but youthful offenders were typically pardoned.
common law
Early common law did not recognize _______ as a defense, but youthful offenders were typically ________.
infancy
pardoned
There is a growing trend for state statutes to permit the criminal prosecution of any juvenile as an adult who is charged with a ________ offense.
serious
Duress= __________ ______ of + an imminent threat by another + of death or severe bodily harm + against the defendant
reasonable belief
Duress= reasonable belief of + an imminent ______ by _______ + of death or severe bodily harm + against the defendant
threat
another
Duress= reasonable belief of + an imminent threat by another + of ______ or _______ ______ ____ + against the defendant
death
severe bodily harm
Duress= reasonable belief of + an imminent threat by another + of death or severe bodily harm + against the __________
defendant
Duress; common law excused guilt from those who committed a crime to avoid imminent ______ or ______ _____.
death
bodily harm
_______; common law excused guilt from those who committed a crime to avoid imminent death or bodily harm.
Duress
Duress; those who commit crime in response to a severe threat lack ______.
intent
Those who commit crime under _______ act in an involuntary manner.
duress
Those who commit crime under duress act in an __________ manner.
involuntary
Why do we have the duress defense?
(1) Realism
(2) Criminal Intent
(3) Criminal Act
The defendant’s actions, under duress, are to be judged in accordance with a __________ ________ standard.
reasonable person
Most states also recognize that a threat directed against a member of a defendant’s family or a third party may constitute _______, but ____________ _________ or _________ does not amount to a threat.
duress
psychological pressure
blackmail
Most states also recognize that a threat directed against a member of a defendant’s ______ or a ______ ______ may constitute duress, but psychological pressure or blackmail does not amount to a threat.
family
third party
True or False: Duress does not excuse the intentional taking of the life of another.
True
In order to prove duress the threat must be _________ and ________.
immediate
imminent
In order to prove duress, an individual must have exhausted all reasonable and available ___________ to violating the law.
alternatives
In order to prove duress, the defendant must not ______ or ______ in ________ the circumstances leading to the claim of duress.
create
assist
creating
Married women were exempted from liability under the ________ ____, but this is no longer the case today.
common law
True or False: Individuals exerting the coercion are liable as a principal in the crime despite the fact that the perpetrator may be excused on the basis of duress.
True
Inmates relying on duress must establish that they did not use _____ or _______ toward prison personnel or other innocent individuals in the escape and that they immediately contacted __________ once having reached a point of safety.
force
violence
authorities
Inmates relying on duress must establish that they did not use force or violence toward ______ __________ or other ________ ___________ in the escape and that they immediately contacted authorities once having reached a point of _______.
prison personnel
innocent individuals
safety
Inmates relying on ________ must establish that they did not use force or violence toward prison personnel or other innocent individuals in the escape and that they immediately contacted authorities once having reached a point of safety
duress
What are some of the criticisms that critics have for the duress defense?
Critics argue that individuals should follow legal rules, even under conditions of stress and strain and that the law should encourage people to resist rather than conform to the demands of violent and forceful individuals.
Mistake of ____= no excuse (some indication may excuse criminal liability in cases involving notice, intent, reliance )
law
Mistake of _____= mistake is an excuse if it negates the required criminal intent (may require reasonable mistake)
fact
Mistake of law= __ ______ (some indication may excuse criminal liability in cases involving notice, intent, reliance )
no excuse
Mistake of fact= mistake is an ______ if it negates the required _______ _______ (may require reasonable mistake)
excuse
criminal intent
Mistake of law; “Ignorantia lexis non excusat” means?
ignorance of law is no excuse
What are the four elements that mistake of law is based on?
(1) Knowledge
(2) Evidence
(3) Public Policy
(4) Uniformity
Which cases showed exceptions to mistake of law?
(1) Lambert v. California
(2) United States v. Cheek
(3) Cox v. Louisiana
____ v. ______, an individual is not liable when he or she lacked a willful intent to violate the law
U.S.
Cheek
____ v. _________, an individual is not liable when that individual relied on an official statement of the law
Cox
Louisiana
When does the Model Penal Code recognize an ignorance of law defense?
When the defendant does not know the law and the law has not been published or made reasonably available to the public (notice)
An individual may be mistaken but still found criminally liable in the event that the facts as __________ by the defendant still comprise a crime.
perceived
