Defenses

Question 1

Withdrawal

Answer 1

Has to occur before the crime becomes unstoppable, and the person who encouraged the crime must repudiate the encouragement, neutralize any assistance given, and notify the police

Question 2

Dual intent

Answer 2

a) the intent to assist the principal in the commission of the crime
b) the intent that the principal commit the underlying crime

Question 3

Felony murder

Answer 3

When one enters into a scheme with another to commit one of the felonies enumerated in the felony murder statutes, and death ensues, both defendants

Question 4

Necessity

Answer 4

a) were necessary as an emergency measure
b) to avoid an imminent public or private injury that is about to occur
c) not caused by the defendant
d) which is of sufficient gravity to outweigh the criminal conduct

Question 5

Duress

Answer 5

When a person reasonably believed that another person would imminently inflict death or greater bodily injury upon them or a member of their family if they did not commit the crime

Question 6

Entrapment

Answer 6

a) the criminal design originated with the law enforcement AND
b) the defendant was not predisposed to commit the crime before the contract with the government

Question 7

Mental health defense

Answer 7

The due process clause of the 14th amendment

Question 8

Competency to stand trial

Answer 8

Whether the defendant, due to a mental disease or a defect, lacks the capacity to
a) consult with their attorney to assist in the defense
b) understand the nature of the proceedings

Question 9

States allow mental health defenses when

Answer 9

a) allowed as a separate defense from the insanity defense
b) not permitted as separate but allow evidence of diminished capacity only to the extent that it negates the required mental state
c) not permitted as a separate defense

Question 10

M’Naughton Test

Answer 10

a) a disease of the mind
b) that caused a defect of reason
c) so that at the time of the offense, the defendant could not either
1) understand the nature and quality of their actions
2) know the wrongfulness of their actions

Question 11

Irresistible impulse test

Answer 11

The defendant, due to a mental disease or defect, was unable to control their actions or conform their conduct to the law

Question 12

Durham test

Answer 12

The offense was the product of a defendant’s mental disease or defect

Question 13

MPC Test for mental health defenses

Answer 13

the defendant, due to a mental disease or defect, lacked the substantial capacity to either
a) appreciate the criminality of their conduct
b) conform their conduct to the requirements of the law