Intro to Criminal Law CH.1-5

Question 1

Legal definition of “Crime”

Answer 1

Black’s Law Dictionary definition: “A body of rules of action or conduct prescribed by controlling authority, and having binding legal force”

Also referred to as penal law
The Model Penal Code defines crime as “An offense defined by code or statue…for which a sentence of death or of imprisonment is authorized”

Conduct that violates criminal law for which there is no legally accepted justification or excuse.

Working definition: An act or omission prohibited by public law.

Question 2

NYS definition of crime

Answer 2

A misdemeanor or a felony

Question 3

4 classifications of offenses in NYS

Answer 3

Infraction: infraction of the statute or local ordinance punishable by fine or other penalty but not incarceration.
Ex: traffic infraction- speeding, etc.

Violation: An offense ,other than a traffic infraction, punishable by fine and imprisonment up to 15 days. ( in a local jail)
Ex: Disorderly conduct, trespassing, harassment

Misdemeanor (A & B): A minor crime punishable by fine and imprisonment for more than 15 days but less than 1 year. (in a local jail)
Class A= More serious of the two, 1 year sentence max
Class B= Less serious, 3 months sentence max

Felony (A,B,C,D,E): A serious crime punishable by death or by imprisonment in a state or federal prison for more than 1 year
Ex: Murder, rape, robbery, arson, selling or possession of controlled substances
A= life in prison
B= 25 years
C= 15 years
D= 7 years
E= 4 years

Question 4

Identify and discuss the role of criminal law. What purposes does criminal law serve?

Answer 4

• Protects law abiding individuals
• Maintains social order
• Supports fundamental social values
• Distinguishes criminal from civil wrongs
• Expresses condemnation of criminal behavior
• Deters people from criminal activity
• Stipulates the degree of seriousness of criminal conduct
• Establishes criteria for the determination of guilt or innocence
• Punishes those who commit crimes
• Rehabilitates offenders
  -Addresses victims of crime

Question 5

Substantive Law

Answer 5

Contract Law
Creates and defines fundamental rights and duties of parties

Question 6

Substantive Criminal Law

Answer 6

NYS Penal Law
Defines crimes and punishments
NYS consolidated laws

Question 7

Procedural Law

Answer 7

NYS CPL
Regulates the steps in the process of enforcing Penal Law (amendments, statute of limitations, etc etc)

Question 8

Statutory Law

Answer 8

Legislative or governing body enacts statutes

Question 9

Case Law

Answer 9

Judge - Made Law
Stare decisis = standing on decided matters: requires courts
to be bound by its own previous rulings and those appellate courts having jurisdiction over them
Precedents which attorneys use when arguing cases

Previous cases are researched on the basis of similar issues/rulings/etc and made sure the law/ruling was enforced the same way

Question 10

Civil Law

Answer 10

• Governs relationships between parties
• Guided by Civil Code (statutes)
• Covers all aspects of relations, for example:
• Marriages and divorces
• Business relationships
• Adoption
• A Civil wrong is referred to as a tort
• An individual or business that commits a tort is called a tort-feasor

Damages:
Compensatory- compensates the injured party for the amount of damage incurred. Ex: medical costs, repairs, loss of wages
Punitive- the award serves to punish the defendant

Criminal & Civil Law can overlap

Question 11

World Justice Project’s 4 basic universal principles of the rule of law

Answer 11

Accountability: The government as well as private actors are accountable under the law

Just Law: Clear, publicized, applied evenly. Ensures constitutional rights, property rights, contract rights, and procedural rights

Open government: process by which rules are enacted, administered and enforced is accessible, fair, and efficient

Accessible and Impartial Dispute Resolution: The Adversarial System, just and equitable resolutions of criminal cases

Question 12

5 elements of a case brief: describe and explain

Question 13

Defendant

Answer 13

Person who is charged with committing a crime

Question 14

Prosecutor

Answer 14

Lawyer that prosecutes the case. At federal level they are referred to as U.S. attorneys. At local level they are referred to as the District Attorney or the assistant district attorney.
Their role is to prove the defendant is guilty beyond reasonable doubt.

Question 15

Plaintiff

Answer 15

The person in a civil suit who has been harmed. They filed a lawsuit or complaint with the court against someone. They are suing for damages.

Question 16

Respondent

Answer 16

Party that is being sued. They must respond to the plaintiff’s claims.

Question 17

Appellant

Answer 17

The party that appeals a verdict. (Parties on either side of the case can appeal)

Question 18

Appellee

Answer 18

The party that is defending against an appeal from the losing party/ appellant

Question 19

Petitioner

Answer 19

A person who files a petition or motion with a court to request a specific action (person or entity is asking the court to make a decision on their behalf)

Question 20

Precedent (stare decisis)

Answer 20

Legal doctrine that states courts should stand on decided matters with cases that are similar in facts & legal issues

Question 21

Subpoena

Answer 21

A legal document that requires a person or entity to appear in court or at a legal proceeding to give testimony or produce documents
Purpose of a subpoena is to obtain information from people who are not part of a case
Used in dispositions, trials, other hearings
Attorneys request subpoenas which are issued by the court and served to the person being summoned
Failure to comply can result in charges in contempt of court, criminal and civil proceedings, or both

Question 22

Adversarial System & Advocacy Model

Answer 22

• Defense attorneys that know their client is guilty must still offer the best possible defense
• Just & equitable resolutions of criminal cases occur when both sides argue their cases effectively and vociferously, have a fair and Impartial jury
• Often involve two different versions of facts “alternative facts” used by defense to discredit the prosecution, basically a different version of the story)
• Process can involve tactics and deception

Question 23

5 standards of proof that pertain to criminal and civil proceedings

Answer 23

Beyond a reasonable doubt: The highest legal standard of proof, used in criminal cases. The prosecution must convince the jury that the defendant is guilty of the charges beyond a reasonable doubt.

Clear and convincing evidence: Used in civil lawsuits when something more than money is at stake. For example, in a personal injury case, the plaintiff might need to provide clear and convincing evidence to prove the defendant acted with malice.

Preponderance of the evidence: The default standard for most civil lawsuits.

Probable cause: Used in the acquisition of a warrant or arrest proceeding.

Reasonable suspicion: Used in cases involving police stop and searches.

Innocent v Not Guilty
Factual Innocence
Factual Guilt
Legal Innocence
Legal Guilt

Question 24

10 steps in the criminal justice process (in detail)

Answer 24

1. Investigation:
2. Arrest: Have to be based on a warrant or probable cause
3. Booking:
   Arrest report completed
   Fingerprints and photos taken
   Appearance ticket/ROR
   Remanded to jail on bail
4. Arraignment:
   Advised of charges
   Enters plea: Guilty, Not guilty, No Contest
5. Preliminary Hearing:
   Similar to GJ
   Evidence may be challenged by defense
   Suppression hearings
   Can be waved by defendant
6. Grand Jury:
   In NYS all felonies automatically go to Grand Jury
   3 matters are decided: was a crime committed within that court’s jurisdiction, and is someone held criminally liable
   Can be involved when there is not enough evidence to make an arrest
7. Plea Bargaining or Trial:
   Jury trial - must be 12-0
   Hung trial - Jury can’t reach a 12-0 verdict
   Mistrial - error in proceedings
   Jury nullification- rejects evidence
   Bench trial - for mostly petty offenses , defendant can choose to opt of a jury and instead the judge will look at the evidence and choose a verdict
8. Sentencing:
   PSI - Pre sentence Investigation Report
   Victim Impact Statement
   Multiple charges: consecutive or concurrent
   DNA submissions
9. Corrections:
   Incarceration
   Probation
10. Appeals:
    Civil case - either side can appeal
    Criminal case - government can’t appeal not guilty verdict, government can appeal sentence given to defendant, defendant can appeal both the conviction and sentence
    Appellant
    Appellee

Question 25

Sentencing rationales &
the purpose of each type of sentencing

Answer 25

Retribution - “eye for an eye”/ getting even, defendant deserves the punishment
Deterrence - prevent criminals from committing crimes
Rehabilitation - prepare criminal to re-enter society and be a productive member
Restoration - (restorative justice movement) increased focus on victims and victim’s rights / restore victims
Incapacitation - criminal can’t commit crimes against society because they are in jail or prison

Question 26

What are the 4 traditional sentencing options

Answer 26

Imprisonment
Probation
Fines
Death

Question 27

Current sentencing options and trends

Answer 27

Plea bargaining (92% of criminal cases are plea deals)
Disproportionate punishments
Punishing sex offenders - sentencing&raquo_space;> given risk level&raquo_space;> civil confinement
“Three strikes and you’re out”Legislation (persistent history offender) :
-Felonies must be spread out over a period of years
-Previous felonies must have led to at least one year in prison
-Is not automatic, prosecutor asks court to consider it; triggers a hearing to determine if previous convictions were legally obtained
-Judge can deny this status

Question 28

Provisions of the NYS Domestic Violence Survivor’s Justice Act

Answer 28

Enacted 5/2019
- Gives judges the discretion to sentence domestic violence survivors convicted of offenses related to their abuse to shorter sentences, or alternatives to incarceration, and allows those convicted prior to 2019 the chance to apply for resentencing
- Defendant must be a victim of substantial domestic violence consisting of physical, sexual, or psychological
- Abuse must be a significant factor in judge’s decision
- Judge must decide that any other sentence would be unduly harsh to impose on the defendant

12/20/20 - 32 y old Syracuse woman was charged with manslaughter and other crimes after intentionally killing 24 year old boyfriend with car. Prosecutors sought 5-15 years, judge sentenced her to 1 1/2 to 4 1/2 years

12/2018- Syracuse woman charged with murder for killing her boyfriend with car. Endured decades of abuse, sentenced to 3 1/2 years

Question 29

Provision of victim’s rights legislation as a result of the Violent Crime and Law Enforcement Act of 1994

Answer 29

Violent Crime Control and Law Enforcement Act of 1994

Violence Against Women Act:
- Financial support for police, prosecutors, and victims’ services
- Mandatory Arrest policies

Right of Allocation provision:
- Defendant directly addresses the judge at sentencing
- In plea bargaining, may be required
- Victims of federal violent crimes speak at sentencing

Federal sex offenders and child molestors pay restitution to victims

Increased penalties for fraud crimes committed against elderly

Additional money for the federal crime victims’ fund

Victim Impact Statements

Restorative justice Movement

Question 30

Roles of the 7 courtroom participants

Answer 30

Judge:
Rules on matters of law
Weighs objections
Decides on admissibility of evidence
Imposes sentences
Disciplines disorderly courtroom conduct
Contempt of Court
Determines guilty or not guilty in Bench Trials

Prosecutor:
District Attorney- state level (elected in all but 5 states to serve 4-year term, 5 states appoint prosecutors)
U.S. Attorney - federal prosecutor (federal government appoints them)
Present State’s case against defendant
Burden of proof- established beyond a reasonable doubt
Disclosure of evidence- Discovery (Brady V. Maryland 1963)
Advisor to Law Enforcement
Files Appeal on behalf of government

Defense Attorney:
Represents the accused
Prepares defense
Negotiates a plea bargain
Calls witnesses
Refutes case presented by prosecutor (Adversarial process = procedure rules must be followed)
Presents arguments at time of sentencing
Files appeals
3 major categories -
private, court- assigned counsel (roster of participating attorneys), public defender (full time salaried government staff)

(Criminal defense of the poor- 6th Amendment guarantees criminal defendants the right to counsel)

Bailiff:
Ensures order in the court
Announces judge’s entry
Calls witnesses
Maintains custody over jury during deliberations and sequestering

Court reporter or Stenographer:
Creates written record of all proceedings
Transcripts necessary for appeals

Witnesses:
Lay witness- non-expert, have direct knowledge (eye or character witness, victim)
Expert witness- paid, expertise; may express opinions & draw conclusions

Jurors:
12 plus 2 alternatives
Jury Duty- civic responsibility

Grand Jury:
23 in NYS
True bill - indictment
No bill- No indictment

Trial Jury:
Guilty
Not guilty

Question 31

Identify and explain the steps in a criminal trial

Answer 31

Voir Dire:
10 peremptory challenges
Unlimited challenges for cause Once jury is seated, trial begins

Opening statements by prosecutor:
roadmap that the
prosecution gives to jurors regarding what they expect the evidence will prove
- highlight incriminating evidence
- front the weaknesses “draw the string”
- explain why the weaknesses in your case are not that significant
- build credibility with jurors

Opening statements by defense attorney:
What they will show to refute the prosecutions case

Presentation of state’s witnesses and evidence
- prosecution conducts direct examination of witnesses
- defense can cross examine witnesses
- prosecution can conduct redirect examination
- prosecution rests

Presentation of defense’s witness and evidence
- defense conducts direct examination of witnesses
- prosecution can cross examine witness
- defense can conduct redirect examination
- defense rests

Closing arguments:
defense typically goes first
prosecutor typically goes last

Jury instruction given by judge
Jury deliberation
Verdict

Sentencing:
Usually several weeks after verdict
PSI reports
DNA submission

Appeal by defendant

Question 32

Powell v. Alabama (1932)

Question 33

Gideon v. Wainwright (1963)

Question 34

Argersinger v. Hamlin (1972)

Question 35

In re Gault (1967)

Question 36

Define & give examples of courts with original and appellate jurisdiction
What types of cases do they have jurisdiction over?

Answer 36

Original jurisdiction: to hear a case from its beginning and render a decision based on the law and facts of the case (hear a case for the 1st time/ where initial trial takes place)
Ex: district courts, county courts, municipal courts, family courts, small claims, and most trial courts
Supreme Court original jurisdiction- disputes concerning ambassadors, high-ranking officials
Federal Court original jurisdiction- disputes over maritime law and U.S. law, cases involving citizens of different states, case in which the U.S. is a party, cases between other countries and U.S. ambassadors
Federal district court original jurisdiction - claims arising under the U.S. constitution

Appellate jurisdiction:
reviews a decision made by a lower court
Ex: Circuit courts, Supreme Court, State supreme court, State circuit court
They ensure legal proceeding was fair. They do not hear new evidence or retry cases.

Question 37

6 types of courts in NYS that have original jurisdiction
Give examples of each court and the cases they hear

Answer 37

NYS supreme court:
divorces, medical malpractice, other civil disputes

Court of claims:
cases against the state and state agencies

Family court:
support & custody, adoption, paternity proceedings, juvenile delinquency and persons in need of supervision (PINS), petitions

Surrogate court:
wills & estate matters

County court:
felony cases

City courts & T/V Justice courts:
small claims under $3K, misdemeanors, violations, landlord/ tenant disputes, arraignments & preliminary hearings in felony cases

Question 38

3 levels of court in NYS
How do judges get to these positions?

Answer 38

Trial Courts:
include supreme courts and county courts

State Supreme Court Appellate Division:
handles appeals of criminal and civil cases from lower courts

Court of Appeals:
highest court in NYS
handles appeals from state supreme court appellate division
handles appeals that involve NYS constitutional issues

Judges are elected at the local level and appointed by the Governor for the appellate division

Question 39

4 levels of courts in the Federal Court System
How do judges get these positions?

Answer 39

U.S. Supreme Court:
highest court in the U.S.
9 justices
has both original and appellate jurisdictions
original jurisdiction in disputes among states, or ambassadors / high-ranking officials

U.S. Court of Appeals:
13 courts
179 authorized positions

U.S. District Courts:
94 judicial districts
814 authorized positions
trial courts of the federal system (original jurisdiction)
at least 1 per state depending on size
Puerto Rico, District of Colombia, other U.S. territories

Federal Judges & Supreme Court Justices are nominated by the president and confirmed by the Senate. They serve life terms.

U.S. Magistrate Court:
573 authorized positions
try lesser misdemeanors
conduct arraignments
prisoner litigation - habeus corpus
issue search and arrest warrants

Magistrate Justices are appointed by majority vote of federal district judges of that district
serve 8 year terms if full-time
serve 4 year terms if part-time
may be reappointed

Question 40

How does a case get to the U.S. Supreme Court?

Answer 40

An appeal
A writ of certiorari - a petition to send up the case from a lower court. The Supreme Court is not required to hear every case, it usually only does if the case has national significance, could harmonize conflicting decisions, or could have precedential value. Of 7,000 cases annual requests a year, only 100-150 are heard.

Question 41

Judicial review

Answer 41

Power of a court to review actions and decisions made by other agencies of government
Declare acts of President and Congress unconstitutional
U.S. Supreme Court’s greatest power

Question 42

Furman v. Georgia (1972)

Question 43

Gregg v. Georgia (1976)

Question 44

Roper v. Simmons (2005)

Question 45

People v. La Valle (2004)
What is the current status of NYS Capital Punishment?

Question 46

Factors of deciding death penalty & issues regarding capital punishment

Question 47

Supreme Court’s stance on cruel and unusual punishment

Answer 47

The Supreme Court has ruled on cruel and unusual punishment in several ways, including:

Evolving standards
The Supreme Court has said that the standard for cruel and unusual punishment is not fixed, but rather evolves with society’s standards of decency.

Prohibited punishments
The Supreme Court has ruled that certain types of punishment are prohibited, such as drawing and quartering.

Capital punishment
The Supreme Court has ruled that capital punishment is not always a violation of the Eighth Amendment, but some applications of the death penalty are.

Excessive fines
The Supreme Court has ruled that the Excessive Fines Clause prohibits fines that are so excessive that they amount to a deprivation of property without due process of law.

Excessive bail
The Supreme Court has ruled that the Excessive Bail Clause prohibits the federal government from setting bail at a figure that is higher than is reasonably calculated to ensure the defendant’s appearance at trial.

Civil forfeiture proceedings
The Supreme Court has held that the Eighth Amendment’s prohibition on excessive fines can apply in civil forfeiture proceedings.

Question 48

Ignorance of the Law

Answer 48

Not an acceptable defense. People cannot avoid liability for breaking the law by claiming they didn’t know what they were doing was illegal. Applied universally.

Question 49

Fair Notice

Answer 49

Legal principle that requires people to be given enough information about the law so they can understand it and make informed decisions. Fundamental aspect of due process and is essential in protecting people from unfair punishment.

Question 50

The Vagueness Doctrine

Answer 50

Constitutional principle that requires criminal laws to be clear enough for the average person to understand and follow. Based on due process under the 5th and 14th Amendments.

Laws that violate Vagueness Doctrine:
Fail to give adequate guidance to law-abiding citizens
Fail to provide adequate guidance to the justice system
Result in unfair trials

Question 51

Ex Post Facto laws

Answer 51

A law that retroactively changes the consequences of actions or relationships that existed before the law was enacted. The term comes from the Latin phrase ex post facto, which translates to “from a thing done afterward”

Ex post facto laws are prohibited by Article 1, Section 9 of the United States Constitution, which prevents Congress from passing laws that apply retroactively. They are considered unconstitutional and illegal because they could be used as tools of tyranny

Ex:
Criminalizing an act that was legal when it was committed
Increasing the severity of a crime or the punishment for a crime
Taking away evidentiary protections from a defendant

Question 52

Papachristou v. City of Jacksonville (1972)

Question 53

Provisions of the 5th Amendment

Answer 53

Due process:
This right ensures that citizens are notified of any legal proceedings involving them, and that those proceedings will be fair.

Double jeopardy:
This clause prevents people from being tried twice for the same crime. It applies if someone is charged with a crime, found innocent, and then charged with the same crime again.

Self-incrimination:
This right, also known as the right to remain silent, prevents people from being forced to testify against themselves in court. It’s important for protecting people from being forced to give false confessions.

Grand jury:
This provision states that serious criminal charges must be started by a grand jury.

Property rights:
This provision prevents the government from taking private property for public use without just compensation.

The Fifth Amendment’s self-incrimination privilege only applies to self-incriminating testimony related to a crime. It doesn’t apply to civil or family matters.

Question 54

Provisions of the 6th Amendment

Answer 54

A speedy and public trial:
The accused has the right to a trial by an impartial jury in a timely manner.

Know the charges:
The accused has the right to be informed of the nature and cause of the charges against them.

Confront witnesses:
The accused has the right to confront witnesses against them during the trial.

Have witnesses appear
The accused has the right to have witnesses appear in their favor.

Legal representation:
The accused has the right to have the assistance of counsel for their defense.

The Sixth Amendment was ratified on December 15, 1791 as part of the Constitution’s Bill of Rights. It’s often tested in cases involving terrorism, jury selection, and the protection of witnesses

Question 55

Provisions of the 8th Amendment

Answer 55

Prohibits
Excessive bail: The federal government cannot impose excessive bail on an individual.

Excessive fines: The federal government cannot impose excessive fines on an individual.

Cruel and unusual punishments: The federal government cannot inflict cruel and unusual punishments on an individual.

The Eighth Amendment was ratified on December 15, 1791.
Cruel and unusual punishment is defined as punishment that is overly painful, degrading, or humiliating, or is grossly disproportionate to the crime committed.

Question 56

Provisions of the 14th Amendment

Answer 56

Citizenship:
All people born or naturalized in the United States are citizens of the United States and the state they live in.

Equal protection:
No state can make or enforce laws that abridge the rights of citizens, or deny equal protection under the law.

Due process:
No state can deprive a person of life, liberty, or property without due process of law.

Representation:
The number of representatives each state has in Congress is based on the state’s population, excluding people who are not taxed as Indians. If a state denies the right to vote to male citizens who are at least 21 years old, the state’s representation in Congress is reduced.

Punishment of states:
The government can punish states that restrict citizens’ right to vote by reducing their representation in Congress.

Prohibition of insurrection:
People who have engaged in insurrection against the United States cannot hold civil, military, or elected office without approval from two-thirds of Congress.

Debt:
The validity of the United States public debt is not in question, but the United States and states cannot assume or pay debts incurred from insurrection or rebellion.

Enforcement:
Congress is given the power to enforce the 14th Amendment.
The 14th Amendment was passed by the Senate in 1866 and ratified in 1868.

Question 57

5 elements of a crime

Answer 57

Actus reus: The criminal act or conduct

Mens rea: The criminal intent or mental state of the offender at the time of the act

Concurrence: The concurrence of the actus reus and mens rea

Causation: The causal relationship between the act and the result

Harm: The actual harm that occurred as a result of the act
(includes victimless crimes, inchoate crimes, state is harmed by someone not following the law)

The statute that establishes the offense defines the elements of the crime. In order to convict a defendant, the prosecutor must prove all of the elements of the crime beyond a reasonable doubt

Question 58

Difference between an act and a status

Answer 58

Actus Rea:
Voluntary Act Requirement-
A purposeful or willed movement
Defined as: An act in violation of the law
Thinking and being are not acts

Question 59

Requirements of a voluntary act
How does NYS define an act?

Answer 59

bodily movement (not including involuntary movements such as convulsion)

Question 60

Culpable omissions
What is the American Bystander Rule?

Answer 60

The American bystander rule states that people in the United States are not legally obligated to help someone who is in danger, even if society considers it morally right to do so. This is different from the European Good Samaritan rule, which requires people to intervene.

Exceptions:
Personal relationship (parent, child, etc)
Statute
Contract
Voluntary assumption of care
Creation of the peril (ex. push someone into a body of water that can’t swim)
Landowner
Controlling the conduct of others

Question 61

4 culpable mental states

Answer 61

Purposefully: The defendant had a conscious object to act

Knowingly: The defendant is practically certain that the conduct will cause a particular result

Recklessly: The defendant consciously disregarded a substantial and unjustified risk

Negligently: The defendant was not aware of the risk, but should have been aware of the risk

These states are also known as types of mens rea, which is the criminal intent to commit a crime. The prosecution uses mens rea to prove the guilt of an offender in a criminal trial.

Question 62

Criminal liability

Answer 62

Criminal liability is the legal responsibility that an individual has for their actions or omissions if they are found to have committed a crime

Determined by a jury or judge
defendant is subjected to penalties prescribed by law

Criminal liability may be reduced - lesser charges, reduced counts, aggravating and mitigating cirumstances

Could be eliminated through
- successful defense, deferred prosecution, in exchange for cooperation in the present case or other cases

Question 63

4 types of defenses to criminal charges (provide examples)

Answer 63

Alibi
Ex:

Excuses- does not claim conduct is justified, just not legally responsible
Ex: Duress, Juvenile age, Mistake (though ignorance of law is no excuse), etc

Procedural defenses
Ex: Entrapment, Denial of speedy trial, etc

Justifications
Ex: self defense, defense of home, etc

Question 64

Competency to Stand Trial (provide an example)

Answer 64

Competency to stand trial (CST) is the ability of a defendant to understand and participate in court proceedings, and to work with their lawyer. It’s a key concept in the justice system because a defendant without CST can’t have a fair trial

Inability to cooperate with attorney
Prescription medication being taken by defendant
The defendant is unable to work with their attorney or communicate with them in a rational manner.
Inability to understand proceedings
The defendant is unable to understand the charges or the penalties they may face.
Inability to recall important facts
The defendant is unable to recall important facts or events related to the case.
Inability to control emotions
The defendant’s emotions, mood, or thoughts interfere with their ability to participate in court.
Inability to tolerate stress
The defendant is unable to tolerate the stress of being in court.
A judge will evaluate a defendant’s competency on a case-by-case basis. For example, a defendant with a mental illness diagnosis may still be found fit to proceed if their illness doesn’t rise to the level of incompetence.

Question 65

Burdens of Proof

Answer 65

Mere suspicion —> Reasonable suspicion —> Probable Cause ——> Preponderance of evidence—-> Clear and convincing evidence—> Beyond a reasonable doubt

Question 66

Syndrome Enhanced Defenses

Answer 66

A syndrome-based defense is a defense based on the acceptability of syndrome-related claims. Since syndromes are viewed as diseases or disorders, we might anticipate the development based on other disorders
“ A complex of signs and symptoms presenting a clinical picture of a disease or disorder”

Ex: PTSD, Battered woman syndrome (BWS), Battered child syndrome, Rape trauma syndrome, sexual abuse syndrome, ADD, fetal alcohol syndrome