unit 2

Question 1

doli incapax

Answer 1

roman law, children under 7 cannot commit evil acts

Question 2

State of washington v linares

Answer 2

11yo onvicted of burgulary, state met burden

Question 3

State of washington v pam

Answer 3

11 yo not concted of malicious mischief, state did not meet burden

Question 4

Medina v cali

Answer 4

Shifted burden of proof of incompetency on defense counsel

Question 5

Durham rule/product test

Answer 5

Act must be product of mental disease or defect
Also called product test
Overruled by us v. brawner

Question 6

ali/mpc affective test

Answer 6

Lacks ability to know criminality or conform conduct to requirements of law

Question 7

Insanity defense reform act of 1984

Answer 7

Used in all federal cases
Unable to appreciate nature and quality of wrongfulness
Disease or defect must be severe
Limited to psychosis and intellectual disability
Burden of proof now put onto the defense counsel

Question 8

Guilty except insane

Answer 8

Guilty but they do not have to deal with criminal punishments

Question 9

Montata v korell

Answer 9

Said that abolishing insanity is not against constitution
Based on leland v oregon → mens rea is the issue in question and this still must be proved by prosecution

Question 10

Lahmer v. kansas

Answer 10

Upheld constitutionality of mens rea approach

Question 11

Kahler v. Kansas

Answer 11

Mental illness must be to a point where it affects cognition and ability to understand crime

Question 12

Settled insanity

Answer 12

alcohol/drug induced psychosis

Question 13

Iatrogenic addictions

Answer 13

resulting from medical treatment

Question 14

State v crehsnaw

Answer 14

Established that when insanity looks at wrongfulness it looks at what society thinks is wrong
Guy killed wife bc he thought she was having an affair

Question 15

Barcroft v indiana

Answer 15

Lady killed pastor while delusional she demonstrated that she knew it was wrong

Question 16

Diminished capacity

Answer 16

Used to say that defendant could not meet the requirements fro mens rea due to mental condition even if it is not enough for insanity

Question 17

Diminished responsibility

Answer 17

The person is guilty but they should have a lesser punishment than someone else would have for the same crime due to primarily mental disability

Question 18

People v white

Answer 18

Guy killed someone bc of hypoglycemic psychoses
Used diminished capacity to get a lesser charge

Question 19

State v phillips

Answer 19

Used ptsd for diminished capacity in appellate court, original court did not allow it

Question 20

Porter v mccollun

Answer 20

During sentencing hearings ptsd can be used to try and argue for a lesser punishment

Question 21

Schiro v clark

Answer 21

Guy said his porn made him unable to know what is wrong

Question 22

Clifton

Answer 22

Killed girl outside of walmart bc devil told him to

Question 23

Common law self defense says deadly force may only be used if the object of fear presses imminent danger of death

Question 24

Model penal code allows use of deadly force against things involving serious bodily harm, kidnapping or rape

Question 25

In florida defendant may call an immunity hearing regarding stand your ground

Question 26

Common law imperfect self defense

Answer 26

The defendant was subjectively right but objectively wrong
Mistake must result in a murder
Leads to reduced charge like manslaughter

Question 27

MPC imperfect defense

Answer 27

Defendant liable for crimes that involve criminal negligence because their mistakenness was negligent

Question 28

New york v Goetz

Answer 28

Killed kids because they asked for money, they had screwdrivers at the time but he did not know that

Question 29

Common law Mistaken intervener rule

Answer 29

Interveners act at their own risk to defend people, as they may be defending the wrong person making them inherently wrong

Question 30

People v young

Answer 30

Kid was fighting with undercover cop
People stepped in to help the kid and they were wrong
Later overruled

Question 31

MPC mistaken intervener

Answer 31

Excused for being mistaken if they thought their actions were right to prevent unlawful harm

Question 32

People v ceballos

Answer 32

Guy set up gun to shoot ppl entering garage where he slept

Question 33

Katko v briney

Answer 33

Had a spring gun trap in abandoned house held

Question 34

Graham v connor

Answer 34

Objective reasonableness standard
Excessive force is examined under the 4th amendment objective reasonableness standard

Question 35

Tennessee v garner

Answer 35

Ganer ran from scene was known to be unarmed
Garner climbed a fence to try and flee
Cop shop garner
Garner died
Officer found to be in the wrong

Question 36

Scott v harris

Answer 36

Guy was speeding and the officer did a pit on him resulting in injury
Office in the right because the car chase put people in danger

Question 37

Whitley v albers

Answer 37

Force can be used in correctional facilities as long as force is in good faith for discipline maintenance

Question 38

Hudson v mcmillian

Answer 38

Said whitley v albers applied to not just prison riots but lesser issues in institutions

Question 39

Schmerber v cali

Answer 39

Force can be used to get a blood sample for DUI

Question 40

Missouri mcneely

Answer 40

Requires cops to get a warrant for blood samples if the issue at hand is not imminent and fleeting with time

Question 41

State v ravotto

Answer 41

Police used excessive force because the defendant was scared of needles and offered to do a breath test instead