Chapter 5 - Criminal Defenses

Which case extended the right to an attorney to those accused of committing state crimes?

Gideon vs Wainwright.

What does the Latin translation of the word 'alibi' mean?

Somewhere else.

What is a factual defense?

A claim that an individual did not commit the crime.

What is a legal defense?

An assertion that there is a legal reason to not hold someone criminally responsible for a crime.

What are justifications in legal defense?

When the accused admits to committing the act but claims it was necessary to avoid a greater evil.

What are excuses in legal defense?

Claims that the accused should not be held criminally responsible due to personal circumstances at the time of the act.

What is an affirmative defense?

A response to a criminal charge where the accused presents evidence claiming why they should not be held criminally liable.

Why is placing the burden of proving an affirmative defense on the defendant considered fair?

Because it introduces new facts and requires justification rather than denying allegations.

What is the defense of necessity?

A justification defense asserting that unlawful acts were necessary to prevent greater harm.

What case did British courts reference for comparison?

U.S vs Holmes.

What term can cause complications in the application of Sec. 53a-19?

Exemptions and Restrictions.

What is a reasonable person?

Someone with common sense who acts with caution like an average person.

What is apparent danger?

Imminent danger that is obvious due to the aggressor's behavior.

What is imminent danger?

Danger that is obvious, present, and immediate.

What issues did the Trayvon Martin case highlight?

Racial profiling, inequality in the justice system, and self-defense law complexities.

What is the execution of public duty defense?

A legal defense that prevents law enforcement personnel from being criminally responsible for lawful duties.

What problems arise with the Joe Horn case?

Use of deadly force for property protection, lack of accountability, and racial dimensions.

What does the consent defense assert?

That someone claiming injury agreed to or accepted the possibility of injury beforehand.

In what types of criminal cases is consent defense often used?

In sexual assault cases, due to the importance of victim consent.

What is an excuse defense?

An admission that the behavior was wrong while asserting the accused should be excused from responsibility.

What are two types of intoxication?

Voluntary Intoxication and Involuntary Intoxication.

What is a mistake of fact?

A misunderstanding relating to a situation or a false belief about a condition.

What is a mistake of law?

A misinterpretation of the law as it applies to a circumstance.

What are some examples of mistakes that would not relieve someone of criminal liability?

Mistakes of law, mistakes of fact, and negligence/recklessness.

What is culpable ignorance?

Failing to use ordinary care to attain knowledge of the law, which can lead to criminal responsibility.

What are defenses based on age often referred to as?

Immaturity or infancy defense.

What is the defense of entrapment?

Asserts that a crime would not have occurred but for the government's actions.

What does the subjective test examine in entrapment cases?

The characteristics of the defendant to see if they were predisposed to commit the crime.

What does the objective test examine in entrapment cases?

The behavior of law enforcement to determine if their actions were extreme.

Why aren't bait cars considered entrapment?

They provide opportunities for those already inclined to commit crimes, rather than encouraging new crimes.

What are the two categories of mental incompetence defenses?

Competency and sanity.

What is the Dusky test?

Determines if a defendant has the ability to consult with their lawyer with rational understanding.

Who decides insanity as opposed to competency?

Insanity is decided by a jury; competency is decided by the court.

What is the logic behind delaying execution for an insane defendant?

Mentally incompetent individuals are less responsible for their actions, so their execution should depend on mental state.

What percentage of felony cases utilize the insanity defense?

1%.