Chapter 9 Powerpoint pt. 4

Question 1

American common law did not recognize the defense of __________.

Answer 1

entrapment

Question 2

American _______ ____ did not recognize the defense of entrapment.

Answer 2

common law

Question 3

American common law did not recognize the defense of entrapment until in _____, in Sorrells v. United States.

Answer 3

1932

Question 4

American common law did not recognize the defense of entrapment until in 1932, in ________ v _____.

Answer 4

Sorrells v. United States

Question 5

Why does the government rely on undercover strategies?

Answer 5

(1) Crime detection
(2) Preserving Resources
(3) Deterrence

Question 6

What are some of the criticisms to entrapment?

Answer 6

(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

Question 7

What are the two type of tests for entrapment?

Answer 7

(1) Subjective (Predisposition) Test

(2) Objective Test

Question 8

Which type of test for entrapment is this: focuses on the defendant

Answer 8

Subjective (Predisposition) Test

Question 9

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

Answer 9

Subjective (Predisposition) Test

Question 10

Which type of test for entrapment is this: focuses on the conduct of the government

Answer 10

Objective Test

Question 11

Which type of test for entrapment is this: did the conduct of the government fall below standards to which common feelings respond

Answer 11

Objective Test

Question 12

What are the practices prohibited under the objective test?

Answer 12

(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

Question 13

What are some of the new defenses used?

Answer 13

(1) Biological Defenses
(2) Psychological Defenses
(3) Sociological Defenses
(4) Cultural Defenses

Question 14

Which type of defenses are biological defenses?

Answer 14

(1. 1) XYY Chromosome
(1. 2) Premenstrual Syndrome (PMS)
(1. 3) Postpartum Psychosis
(1. 4) Environmental Defense

Question 15

____ ___________ Defense– based on research that indicates that a large percentage of male prison inmates possess an extra Y chromosome that results in enhanced “maleness.”

Answer 15

XYY Chromosome

Question 16

__________ ________ (_____) – 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.

Answer 16

Premenstrual Syndrome (PMS)

Question 17

_________ ________ – caused by a drop in the hormonal level following the birth of a child that can result in depression, suicide, delusions, hallucinations, and violence.

Answer 17

Postpartum Psychosis

Question 18

What type of defenses are psychological defenses?

Answer 18

(1) Brainwashing

2) Post-traumatic Stress Disorder (PTSD

Question 19

___________– when an individual claims to have been placed under the mental control of others and to have lost the capacity to make independent decisions.

Answer 19

Brainwashing

Question 20

What type of defenses are sociological defenses?

Answer 20

(1) Black Rage
(2) Urban Survivor
(3) Media Intoxication
(4) Rotten Social Background
(5) Post-Traumatic Stress Syndrome (PTSD)

Question 21

_____ _____ – a defense of extreme racial stress precipitated by the destructive racial treatment of African Americans.

Answer 21

Black Rage

Question 22

_______ _________ – 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

Answer 22

Urban Survivor

Question 23

______ ___________ – criminal conduct is caused by “intoxication” from television and pornography.

Answer 23

Media Intoxication

Question 24

_______ ______ __________ – criminal conduct that is a result of an irresistible impulse that resulted from a socially deprived childhood.

Answer 24

Rotten Social Background

Question 25

______ ______ – 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.

Answer 25

Abuse excuse

Question 26

Which case exemplified the cultural defense?

Answer 26

State v. Kargar