Criminal Defenses Flashcards

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1
Q

Entrapment

A

Officer convinced you to do something you wouldn’t usually do
Objective = reasonable person standard
Subjective = personal can look at criminal history

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2
Q

Self-defense

A

Same level of force as aggressor
Must fear imminent harm
Duty to retreat before using force

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3
Q

Immanency

A

Subjective = what that person believed
Objective = what a reasonable person believed

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4
Q

Exceptions

A

Castle doctrine = no duty to retreat to use deadly force
Stand your ground laws

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5
Q

Battered women syndrome

A

Long term abuse and kill their abuser
Affirmative defense

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6
Q

Intoxication

A

Voluntary = no defense
Involuntary = defense

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7
Q

Insanity

A

Looked at at the time of the incident
M’Naughten
Irresistible impulse

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8
Q

M’Naughten

A

Don’t know the nature and quality of their actions

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9
Q

Irresistible impulse

A

Can not control themselves

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10
Q

Competency

A

Does not understand proceedings and parties
Cannot assist in their defense
Looked at at time of trial

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11
Q

Infancy

A

Cannot form intent
No mens rea

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