Chapter 9 Powerpoint pt. 4 Flashcards
American common law did not recognize the defense of __________.
entrapment
American _______ ____ did not recognize the defense of entrapment.
common law
American common law did not recognize the defense of entrapment until in _____, in Sorrells v. United States.
1932
American common law did not recognize the defense of entrapment until in 1932, in ________ v _____.
Sorrells v. United States
Why does the government rely on undercover strategies?
(1) Crime detection
(2) Preserving Resources
(3) Deterrence
What are some of the criticisms to entrapment?
(1) The government may “manufacture crime” by otherwise innocent individuals
(2) The government may lose respect by engaging in lawbreaking
(3) Informants who infiltrate criminal organizations may be criminals whose own criminal activity is often overlooked in exchange for assistance
(4) Innocent individuals are often approached in order to test their moral virtue and likely would not have committed a crime had they not been approached
What are the two type of tests for entrapment?
(1) Subjective (Predisposition) Test
(2) Objective Test
Which type of test for entrapment is this: focuses on the defendant
Subjective (Predisposition) Test
Which type of test for entrapment is this: did defendant possess a predisposition to commit the crime whether or not the government created the offense
Subjective (Predisposition) Test
Which type of test for entrapment is this: focuses on the conduct of the government
Objective Test
Which type of test for entrapment is this: did the conduct of the government fall below standards to which common feelings respond
Objective Test
What are the practices prohibited under the objective test?
(1) Taking advantage of a weakness
(2) Repeated appeals to friendship, sympathy
(3) Promising substantial economic gain
(4) Pressure or threats
(5) Providing the equipment required for carrying out a crime
(6) False representations designed to induce a belief that the conduct is not prohibited
What are some of the new defenses used?
(1) Biological Defenses
(2) Psychological Defenses
(3) Sociological Defenses
(4) Cultural Defenses
Which type of defenses are biological defenses?
(1. 1) XYY Chromosome
(1. 2) Premenstrual Syndrome (PMS)
(1. 3) Postpartum Psychosis
(1. 4) Environmental Defense
____ ___________ Defense– based on research that indicates that a large percentage of male prison inmates possess an extra Y chromosome that results in enhanced “maleness.”
XYY Chromosome
__________ ________ (_____) – PMS has been invoked by defendants who contend that they suffered from severe pain and distress that drove them to act in a violent fashion.
Premenstrual Syndrome (PMS)
_________ ________ – caused by a drop in the hormonal level following the birth of a child that can result in depression, suicide, delusions, hallucinations, and violence.
Postpartum Psychosis
What type of defenses are psychological defenses?
(1) Brainwashing
2) Post-traumatic Stress Disorder (PTSD
___________– when an individual claims to have been placed under the mental control of others and to have lost the capacity to make independent decisions.
Brainwashing
What type of defenses are sociological defenses?
(1) Black Rage
(2) Urban Survivor
(3) Media Intoxication
(4) Rotten Social Background
(5) Post-Traumatic Stress Syndrome (PTSD)
_____ _____ – a defense of extreme racial stress precipitated by the destructive racial treatment of African Americans.
Black Rage
_______ _________ – the contention that young people living in poor and violent urban areas do not receive adequate police protection and develop a heightened awareness and fear of threats
Urban Survivor
______ ___________ – criminal conduct is caused by “intoxication” from television and pornography.
Media Intoxication
_______ ______ __________ – criminal conduct that is a result of an irresistible impulse that resulted from a socially deprived childhood.
Rotten Social Background
______ ______ – a legal defense in which defendants claim that the crimes which they are charged result from their own victimization and that they should not be held responsible.
Abuse excuse
Which case exemplified the cultural defense?
State v. Kargar
