Quiz 2 crimes/defense

Assault and Battery

assault is the threat or attempt to cause harmful or offensive contact, while battery is the actual contact

Larceny

the wrongful taking of another persons property with the intent to permanently deprive

Petty vs Grand

Petty: 1500$ or less (misdemeanor)

Grand: more than 1500$ (felony)

burgalary

entry into a dwelling with an intent to commit a crime, state does not need to prove property damage

robbery

theft of property from the person of another by use of force or threat of force

armed robbery

1. armed with a deadly weapon

2. representing the appearance of a deadly weapon

3. the crime inflicted serious bodily injury

emmbezzlement

the fraudulent intentional misappropriation of property or money by a person who holds it in a fiduciary capacity

passive vs active euthanasia

passive: life remaining machines stopped

active: a physician preforms a death causing act

Cruzan v. Missouri Dept of Health

the US supreme court upheld the authority of the state of missouri to demand “clear and convincing” evidence of the injured persons wished

Washinton vs Glucksberg

the due process clause does not protect the right to assistance in committing suicide, assisted suicide is not a fundamental liberty intrust not deeply rooted in the nations history and traditions

Gonzales v Oregon

-the court ruled in favor of Oregon, holding congress intended the CSA to prevent dr’s only from engaging in illicit drug dealing not to define general standards of practice

-oregon’s death with dignity act is constitutional

M’Naghten test

1. whether a criminal defendant knew the nature of the crime

2. whether they understood right from wrong at the time they committed the crime

3. defendant must meet one of these two distinct criteria for a court to declare them legally insain

irresistible impulse test

1. defendant may know their actions are wrong

2. must show they have a mental illness and the illness caused an inability to control their actions

3. used in a handful of states including virginia as an additon to m’naghten

model penal code test

(requires the medical disease to be a medical diagnosis)

defendant is unable to

1. appreciate the criminality of their conduct or

2. conform their conduct to the requirements of the law

Maryland uses this test the defendant must prove insanity by a preponderance of the evidence

Federal Insanity defense reform act

• burden of proof defendant has the responsibility of proving insanity by clear and convincing evidence

• prohibits mental health experts from testifying directly on whether the defendent was legally sane of not (can only give opinions)

Self-defense

1. the accused must have reasonable grounds to believe himself in imminent danger serious bodily harm or death

2. the accused must not have provoked the conflict

3. the force cannot have been unreasonable and excessive

duress

• if it is under immediate threat of death or severe bodily harm (as long as you dont put yourself there)

• must be unavoidable

Necessity as a defense

“lesser of two evils”

Alibi defense

-the accused attempts to prove that he/she was in some other place at the time the crime was committed

-witness can take stand and testify

-defendant does not need to take the stand

defense of infancy

kids under age of 7 cannot form mens rea and cannot be charged with crime in maryland children under 10 too

kids 10-12 can be charged with:

crimes of violence

crimes w guns

aggravated cruelty to animals

third degree sexual offense

theft of motor vehicle

entrapment

-claims law enforcement induced them to do a crime they were not predispoded to

-defendant is induced to commit a crime

-predisposition is crucial - police may not lure an innocent mind

-defense will make a “but for” argument