Exam 9: Excuses

Self-defense is an excuse defense.

The insanity defense is one of the most thoroughly studied, yet most debated issues in criminal law.

Rory is 16 but has been charged with a crime. His lawyer was hoping he would be tried as a juvenile but, due to the seriousness of the crime, he will be tried as an adult. What is the legal mechanism that allows for this?

A ______ constitutes a defense in those instances that the defendant's mistake results in a lack of criminal intent.

Which is a false statement?

What are the three reasons for the government to rely on entrapment?

Mya has been arrested for the violent murder of Robbie. Mya is 10 years old and Robbie was 8. Mya killed Robbie by forcing him to swallow rocks until he suffocated. Because of Mya's age, what will the prosecutors need to prove? Explain how that has been done citing a case from your text. What if Mya had been 6 years old? Would the prosecutors approach the crime differently? What if Mya had been 15 years old? How would this crime be approached?

All of the following statements are true regarding civil commitment EXCEPT ______.

The defense in which the individual claims to have been placed under the control of others is ______.

The ______ test requires the jury to find a defendant not guilty by reason of insanity in the event that the jurors find that the defendant possessed a mental disease that prevents him from curbing his or her conduct.

The ______ test provided that an accused is "not criminally responsible if his unlawful act was the product of mental disease or defect."

Shanice has been selling drugs here and there for the past few years. She doesn't make a lot of money, but it's enough to get by. She has befriended Rizzo who claims to have a big job for her. Typically she only sells marijuana but he claims she can make a lot more selling crack cocaine. She is very hesitant because she knows of the harsh penalties associated with crack, but Rizzo continuously pressures her to come work for him and makes statements like "if she values their friendship, she would start dealing crack for him." Eventually after months of convincing she gives in to Rizzo. It turns out Rizzo is an undercover agent. Under which test will Shanice have the best chances of an acquittal if she faces criminal charges?

The ______ defense consists of the contention that young people living in poor areas do not receive adequate policing and develop a heightened awareness and fear of threats.

Diminished capacity is a compromise between either finding an individual not guilty by reason of insanity or fully liable.

Involuntary intoxication is not a defense to criminal offenses in those instances that the defendant's state of mind satisfies the standard for insanity.

______ provide(s) a defense based on the fact that although a defendant committed a criminal act, he or she is not considered responsible.

Mark recently joined a gang and as a result he has begun participating in violent brawls and drug use and distribution. In his impoverished neighborhood it is commonplace sell drugs because there are very few other economic opportunities. Mark's mom recently left his dad after he beat her so badly she was hospitalized. Things are really rough for the family. Mark joined the gang because he liked the way the members stood up for one another. He saw it both as an economic opportunity but also as a family. If Mark is charged for his criminal activity what defense offers him the best chance of success?

The Durham product test was formulated by the New Hampshire Supreme Court in State v. Norman in 1869.

What is the purpose of juvenile court?

Fred, age 23, was searching an online chat room to meet new women. While online, a girl who claimed to be 13 years old offered him sexual favors. He agreed to meet the girl at her home during the afternoon while her parents were at work. When Fred arrived, the police were there to arrest him. What is entrapment? What are the two tests to entrapment? Using the given case, illustrate how the tests are administered to determine entrapment.