Chapter 9 Powerpoint pt. 3

Question 1

17th century, juveniles were divided into what three categories?

Answer 1

(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

Question 2

Early _______ ____ did not recognize infancy as a defense, but youthful offenders were typically pardoned.

Answer 2

common law

Question 3

Early common law did not recognize _______ as a defense, but youthful offenders were typically ________.

Answer 3

infancy

pardoned

Question 4

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.

Answer 4

serious

Question 5

Duress= __________ ______ of + an imminent threat by another + of death or severe bodily harm + against the defendant

Answer 5

reasonable belief

Question 6

Duress= reasonable belief of + an imminent ______ by _______ + of death or severe bodily harm + against the defendant

Answer 6

threat

another

Question 7

Duress= reasonable belief of + an imminent threat by another + of ______ or _______ ______ ____ + against the defendant

Answer 7

death

severe bodily harm

Question 8

Duress= reasonable belief of + an imminent threat by another + of death or severe bodily harm + against the __________

Answer 8

defendant

Question 9

Duress; common law excused guilt from those who committed a crime to avoid imminent ______ or ______ _____.

Answer 9

death

bodily harm

Question 10

_______; common law excused guilt from those who committed a crime to avoid imminent death or bodily harm.

Answer 10

Duress

Question 11

Duress; those who commit crime in response to a severe threat lack ______.

Answer 11

intent

Question 12

Those who commit crime under _______ act in an involuntary manner.

Answer 12

duress

Question 13

Those who commit crime under duress act in an __________ manner.

Answer 13

involuntary

Question 14

Why do we have the duress defense?

Answer 14

(1) Realism
(2) Criminal Intent
(3) Criminal Act

Question 15

The defendant’s actions, under duress, are to be judged in accordance with a __________ ________ standard.

Answer 15

reasonable person

Question 16

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.

Answer 16

duress
psychological pressure
blackmail

Question 17

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.

Answer 17

family

third party

Question 18

True or False: Duress does not excuse the intentional taking of the life of another.

Answer 18

True

Question 19

In order to prove duress the threat must be _________ and ________.

Answer 19

immediate

imminent

Question 20

In order to prove duress, an individual must have exhausted all reasonable and available ___________ to violating the law.

Answer 20

alternatives

Question 21

In order to prove duress, the defendant must not ______ or ______ in ________ the circumstances leading to the claim of duress.

Answer 21

create
assist
creating

Question 22

Married women were exempted from liability under the ________ ____, but this is no longer the case today.

Answer 22

common law

Question 23

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.

Answer 23

True

Question 24

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.

Answer 24

force
violence
authorities

Question 25

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 _______.

Answer 25

prison personnel
innocent individuals
safety

Question 26

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

Answer 26

duress

Question 27

What are some of the criticisms that critics have for the duress defense?

Answer 27

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.

Question 28

Mistake of ____= no excuse (some indication may excuse criminal liability in cases involving notice, intent, reliance )

Answer 28

law

Question 29

Mistake of _____= mistake is an excuse if it negates the required criminal intent (may require reasonable mistake)

Answer 29

fact

Question 30

Mistake of law= __ ______ (some indication may excuse criminal liability in cases involving notice, intent, reliance )

Answer 30

no excuse

Question 31

Mistake of fact= mistake is an ______ if it negates the required _______ _______ (may require reasonable mistake)

Answer 31

excuse

criminal intent

Question 32

Mistake of law; “Ignorantia lexis non excusat” means?

Answer 32

ignorance of law is no excuse

Question 33

What are the four elements that mistake of law is based on?

Answer 33

(1) Knowledge
(2) Evidence
(3) Public Policy
(4) Uniformity

Question 34

Which cases showed exceptions to mistake of law?

Answer 34

(1) Lambert v. California
(2) United States v. Cheek
(3) Cox v. Louisiana

Question 35

____ v. ______, an individual is not liable when he or she lacked a willful intent to violate the law

Answer 35

U.S.

Cheek

Question 36

____ v. _________, an individual is not liable when that individual relied on an official statement of the law

Answer 36

Cox

Louisiana

Question 37

When does the Model Penal Code recognize an ignorance of law defense?

Answer 37

When the defendant does not know the law and the law has not been published or made reasonably available to the public (notice)

Question 38

An individual may be mistaken but still found criminally liable in the event that the facts as __________ by the defendant still comprise a crime.

Answer 38

perceived