CJ 330 Common Law Exam 3

Idk I'm just doing my best.

What are the 9 types of Affirmative Defense?

Self Defense, (Mistake of) Law, (Mistake of) Fact, (No reasonable Alternative) Duress and Consent, (No Reasonable Alternative) Necessity, Consent of the Victim, Entrapment, Diminished Capacity, and Insanity.

What is Self-Defense?

Study in Exam 1 Knowt!

What is (Mistake of) Law?

Ignorance of law; without knowledge (the law has not been made reasonably well known)

What is (Mistake of) Fact?

Mistaken to the factual evidence (ex: I thought it was this, if I knew then I wouldn’t have done it.)

What is (No Reasonable Alternative) Duress and Consent?

A person has encouraged you into consenting to do something that you know is a crime, but you felt you had no other options. EX: blackmail or extortion. The crime you commit cannot be equal to the crime that is threatened to be committed against you.

What is (No Reasonable Alternative) Necessity?

The circumstances and situation encourage you to do something you know is a crime, but you felt you had no other options.

What is Consent of the Victim?

Victim can only consent to LESS THAN SERIOUS bodily harm.

What are the terms for the Victims Consent?

Authority to grant the consent (age can limit your authority; can mean possession of object as well) and Voluntary (without coercion; of your own volition).

What is Entrapment?

Origin of Intent Test, which essentially asks if law enforcement forced an individual to commit a crime/become a criminal. Its asking where the intent originated.

What are the terms of Entrapment?

Predisposition (“Was the accused predisposed? AKA. Were they prepared or inclined to commit the crime?”) and Inducement (The police encouraged an individual to commit the crime. They afforded them the opportunity to do what they were already prepared to do.)

What is Diminished Capacity?

The capacity to form Mens Rea was diminished due to a defect to form reasonable thought, such as mental illness.

What are the forms of Diminished Capacity?

Infancy, Intellectual disability, Intoxication (must be involuntary intoxication), Automatism (involuntary motor movement or stoppage, such as narcolepsy, sleepwalking, etc.), and Battered Person’s Syndrome (an abused woman comes to expect the violence from someone so much that they take pre-emptive action against them).

What is Insanity?

Mental Illness

What are the tests for Insanity?

M’Naghten Rule, Substantial Capacity Rule, Durham Rule, and Irresistible Impulse Rule.

What qualifies the M’Naghten Rule?

(1 or the other) oldest rule with 26 states following it and is the strictest (if you successfully fake insanity, double jeopardy does not attach).

Right-Wrong Test and Nature-and-Quality Test.

What is the Right-Wrong Test?

“Could you differentiate between right and wrong or did the mental illness get in the way of that logic?”

What is the Nature-and-Quality Test?

Nature has to do with its essence. Quality has to do with its outcome.

What qualifies the Substantial Capacity Rule?

(1 or the other) used by 19 states.

Cognition Test and Volition Test.

What is the Cognition Test?

Unable to appreciate the criminality of your conduct (cannot understand the crime you committed, similar to both tests from the M’Nagten Rule).

What is the Volition Test?

You are unable to conform your conduct to the requirements of the law (aka the Irresistible Impulse Test).

What qualifies as the Durham Test?

It can be Mental Illness or Mental DISEASE (is the most “liberal”, or easiest to use, as in the least strict, because it allows an expansion of the rules) It is so rare that only 1 state sees this test as reasonable. All other 49 see it as too expansive.

What qualifies the Irresistible Impulse Test?

It can only be a prompt of the M’Naghten Rule (4 states of the 26 that have an add on, basically) They’ve completely abolished the insanity defense. They had to provide an alternative defense for mental illness in place of insanity.

Abolished (4 states) – Guilty but mentally ill (8 states adopted)

“Policeman-At-The-Elbow” Test

What is the “Policeman-At-The-Elbow” Test?

If you would commit the crime with a policeman standing right there, then you must be insane. You have to prove that the individual committed the crime despite knowing the policeman was there, or uncaring that the policeman was there, BECAUSE of their mental illness.

What are requirements of legislative enactments?

“Compelling” Public Need and No Constitutional Infringements.

What classifies a “Compelling” Public Need?

It must be an essential need of the public.

What classifies No Constitutional Infringements?

Ex Post Facto Prohibition, Void-for-Vagueness Doctrine, Doctrine of Overbreadth, Due Process Clause, and Equal Protection Clause, and Fair and Accurate Notice.

What does Ex Post Facto Prohibition mean?

After the fact (A law cannot be created and then an individual be punished for the law retroactively.)

What does the Void-For-Vagueness Doctrine mean?

If a law is written TOO vaguely, then it is voided. (But it cannot be written too specifically or there are too many loopholes.)

What does the Doctrine of Overbreadth mean?

Statutes that address the first amendment freedom as unconstitutional when, by its plain language, the statute hinders expression.

What does the Due Process Clause mean?

It cannot deprive someone of their right to liberty or property without due process.

What does Equal Protection Clause mean?

No person can be denied equal protection by the laws of the state.

What does Fair and Accurate Notice mean?

People must be notified of the law in due time before they can be held responsible for going against it.

What does State government crime reference?

Crimes.

What does the Federal government reference?

Felonies and Misdemeanors.

What does Ordinance reference?

Locality.

What does Locality reference?

Ordinance Infraction.

What is the Actus Reus for Robbery?

Taking and Use/Threat of Force.

What is the Mens Rea for Robbery?

Felonious (not the classification but the definition); you were aware of a guilty mind.

What are the Attendant Circumstances for Robbery?

Personal Property (that which can be moved), Belonging to Another, From “person” or “immediate presence”.

What are the types of Robbery?

Armed/Aggravated and Strong-Armed/Simple Robbery.

What is an Armed/Aggravated Robbery?

When a weapon is used during the robbery.

What is a Strong-Armed/Simple Robbery?

When there is no use of weapon during the robbery.

What is the Actus Reus for Extortion?

Threat to harm.

What is the Mens Rea for Extortion?

Intent to cause fear

What are the Attendant Circumstances for Extortion?

When it is threatened/directed: In the future (Imminent), “Person” or property, To gain Compliance, Unauthorized Use, Receiving Stolen Property, Theft of Services (intangible property).

What is Custody?

When an individual has limited discretion to do with a possession (not belonging to them) that they want.

What is the Actus Reus for Larceny?

Taking (Actual/Direct or Constructive/Indirect) and Carrying Away (“Asportation”).

What is the Mens Rea for Larceny?

Intent to deprive permanently.

What are the Attendant Circumstances for Larceny?

Personal property (defined as a type of tangible property) – personal property not real property (which is stationary or connected to land) and belonging to another.

What are the types of Larceny?

Grand or Petty.

What is Possession?

“Surety” – it’s been trusted to an individual’s care and control with broad discretion

What is the Actus Reus for Embezzlement?

Either Misappropriation or Conversion.

What does Misappropriation mean?

To use something in a way that it was not intended.

What does Conversion mean?

(Very close to misappropriation, can do one BY doing the other)

What is the Mens Rea for Embezzlement?

Intent to deprive of possession.

What are the Attendant Circumstances for Embezzlement?

Personal property/“entrusted” property (aka “surety”) and belonging to another.

What does being a Surety mean?

It relates to “superior right of possession” (the surety is seen as the possessor and therefore the superior).

What do False Pretenses refer to?

Treble Damages.

What is the Actus Reus of False Pretenses?

False Representation and Acquire Title

What are some concepts of False Representation?

Create (a false impression), Reinforce (a false impression), and Fail to correct (a false impression).

What is the Mens Rea of False Pretenses?

Intent is to deprive of title/ownership.

What are the Attendant Circumstances of False Pretenses?

Property and Belonging to Another.

What is the Actus Reas of Forgery?

Either to Create or Alter

What is the Mens Rea of Forgery?

Intent to Defraud

What are the Attendant Circumstances of Forgery?

Document and Apparent Legal Significance (Legal Efficacy).

What is the Actus Reas of Uttering?

Passing

What is the Mens Rea of Uttering?

Intent to Defraud

What are the Attendant Circumstances of Uttering?

Document and Forgery

False Imprisonment is based around what?

Right of Locomotion, which refers to someone’s right to travel.

Kidnapping is based around what?

Substantial Movement.

What are the Forms of Federal Legislation based on Kidnapping?

Uniform Child Custody Jurisdiction Act and Parental Kidnapping Prevention Act.