(Test 1) Criminal Defenses, Insanity, Competency & Legal Principles in Law

What are the two types of defenses recognized under law?

Justification defenses and excuse defenses.

What is a justification defense?

A defense where the defendant admits to committing the act but claims it was justified under existing circumstances and the law.

What is an excuse defense?

A defense where the defendant admits to committing the act but argues they should not be held responsible due to existing law.

How does the law treat children under the age of 18?

Children are deemed legally incompetent and cannot enter into binding contracts, hold title to property, or bring civil lawsuits in their own names.

What is the age of adulthood in North Carolina?

18 years old.

What presumption applies to children under the age of 6 in North Carolina regarding mens rea?

They are conclusively presumed incapable of forming the mens rea required for a crime.

What is the rebuttable presumption for children aged 6 to 14 in North Carolina?

Children in this age range are presumed unable to form mens rea unless the prosecution presents evidence to the contrary.

What happens to most children charged with crimes?

Their cases are handled in juvenile court, focusing on rehabilitation rather than punishment.

What law prevents criminal proceedings against children under the age of 10 in North Carolina?

Criminal proceedings cannot be brought against them except for serious felonies like murder.

What is the historical basis for the insanity defense?

Individuals found to be mentally ill have been acquitted of charges due to the belief that punishing them would be unjust.

What is the presumption regarding sanity in legal contexts?

There is a presumption that people are sane until proven otherwise.

What is the M'Naghten test of legal insanity?

A test that determines if the defendant knew what they were doing and if they knew it was wrong at the time of the crime.

What must a defendant prove in North Carolina to establish an insanity defense?

The defendant must prove they did not know what they were doing or did not know it was wrong.

What happens if a defendant is found not guilty by reason of insanity in North Carolina?

They are committed to a state mental hospital for treatment until deemed no longer a danger.

What is the Durham test in relation to insanity defense?

It assesses whether a mental disease or defect was the proximate cause of the defendant's criminal act.

What is the Substantial Capacity test?

A test that allows acquittal if the defendant lacked substantial capacity to appreciate the wrongfulness of their act due to mental illness.

What does the Irresistible Impulse test evaluate?

It determines if the defendant was unable to resist an impulse to commit a crime due to a mental disease or defect.

What is the burden of proof for an insanity defense in federal criminal cases?

The defendant must prove insanity by clear and convincing evidence.

Can a court consider a defendant's mental illness even if they are not legally insane?

Yes, a court can consider mental illness when deciding on a sentence.

What is the Diminished Capacity defense?

A defense that recognizes a defendant's mental state may reduce their culpability for a crime.

Does federal law recognize the diminished capacity defense?

No, federal law does not recognize a diminished capacity defense in federal criminal cases.

What is competency to stand trial?

It refers to whether a defendant is mentally capable of understanding the charges against them and assisting in their defense.

What must a defendant be able to comprehend to be deemed competent to stand trial?

They must understand that they are charged with a crime and that they will face punishment if convicted.

What happens if a defendant is found incompetent to stand trial in North Carolina?

The prosecution cannot proceed until the defendant regains competency.

What powers does Article I of the Constitution grant to Congress?

Congress has only those powers specifically given to it by Section 8 of Article I, including the power to regulate interstate commerce.

What is the interstate commerce clause?

A provision that allows Congress to regulate anything that substantially affects the flow of commerce between states.

What landmark legislation was based on Congress's power to regulate interstate commerce?

The 1964 Civil Rights Act, which prohibits racial discrimination in public facilities.

What is the role of state constitutions in lawmaking?

State constitutions limit the powers of state legislatures to pass laws.

Who has the power to create cities and towns in North Carolina?

The NC General Assembly has the power to create cities, towns, and counties and set their boundaries.

Who is Cesare Beccaria?

An Italian jurist and philosopher who founded the Classical School of criminology.

What is the main belief of the Classical School of criminology?

Humans are rational beings who weigh the costs versus benefits before committing a crime.

What are ex post facto laws?

Laws that have a retroactive effect, such as criminalizing acts that were legal at the time they were committed.

What is an example of a law that is NOT considered ex post facto?

A law that retroactively lessens the punishment for a crime.

Where can federal criminal laws be found?

In the United States Code.

What does Chapter 14 of the NC General Statutes cover?

It contains a broad number of crimes such as murder, assault, rape, kidnapping, and robbery.

What types of crimes are covered in Chapter 20 of the NC General Statutes?

Motor vehicle crimes such as driving while impaired, reckless driving, and speeding.

What does Chapter 90 of the NC General Statutes address?

Crimes related to the possession, distribution, and sale of controlled substances.

What are Inchoate Crimes?

Anticipatory crimes that include solicitation, conspiracy, and attempt.

What constitutes solicitation in criminal law?

Requesting or ordering another person to commit a crime; the crime is complete when the request is made.

What is conspiracy in criminal law?

An agreement between at least two people to commit a crime; the crime is complete when the agreement is made.

What is Wharton's Rule?

If a crime requires multiple people to commit it, a conspiracy requires an agreement among the number required plus one.

What is a wheel conspiracy?

A conspiracy involving a group of people who conspire with a ringleader; conspirators do not need to know each other.

What is a chain conspiracy?

A conspiracy where each conspirator forms a link in a chain, handling a specific transaction.

What defines an attempt in criminal law?

An act or acts toward the completion of a crime that fall short; there must be a substantial step toward completion.

What test does North Carolina use to determine an attempt?

The 'physical proximity' test.

What constitutes an attempted crime under NC law?

A person is guilty of an attempted crime when they perform acts designed to bring about the crime, but which fall short, or when the acts come close to completion.

What is renunciation in the context of attempted crime?

Renunciation is when a defendant has a change of heart and does not complete the crime, but merely waiting for a better opportunity does not qualify.

Is factual impossibility a recognized defense in North Carolina?

No, factual impossibility is not recognized as a defense in many states, including North Carolina.

What is legal impossibility?

Legal impossibility occurs when the act the defendant intends to commit is not a crime, making the attempt not a crime either.

What is the standard of proof in criminal cases?

Beyond a reasonable doubt.

What does the presumption of innocence mean?

The accused is presumed innocent until proven guilty, and the government must prove the defendant's guilt.

What is direct evidence?

Evidence from a witness who has actual knowledge of a fact, such as an eyewitness account.

Define circumstantial evidence.

Proof of a chain or group of facts indicating the guilt of an accused, such as fingerprints or DNA.

What is testimonial evidence?

Oral evidence given by a witness who testifies at trial.

What constitutes demonstrative evidence?

Photographs, maps, videos, diagrams, etc., that show or depict relevant information.

What is actus reus?

An act or omission that the law forbids; thoughts alone are not crimes.

What does mens rea refer to?

The required mental element of a crime, which may not be necessary for strict liability crimes.

What is the difference between general intent and specific intent?

General intent is the intent to do the prohibited act, while specific intent is the intent to achieve a particular result.

What is scienter?

The knowledge of the defendant regarding their actions, such as knowingly possessing an illegal drug.

What does recklessness mean in criminal law?

Acting with a conscious disregard for the rights or safety of others.

Define willful and wanton conduct.

Acting intentionally and with indifference to the consequences.

What is resulting harm in the context of crimes?

The injury or damage that results from a prohibited act or omission.

What is proximate cause?

A real cause without which the damage would not have occurred, and which a reasonable person could foresee would likely cause the injury.

What are attendant circumstances?

Circumstances that must exist at the time of the defendant's act or omission.

What is vicarious liability?

When a person is held liable for the conduct of others, such as a car owner being responsible for parking violations by a friend.

Is proof of motive required for a conviction?

No, proof of motive is not required but can be helpful in establishing guilt.

What are presumptions in law?

Facts deemed to exist or be true without the necessity of proof, which can be rebutted by evidence.

What are inferences in legal context?

Conclusions that may be drawn from established facts, but the fact finder is not required to do so.

What is the doctrine of recent possession?

In North Carolina, if a defendant possesses stolen property shortly after it was stolen, it can be inferred they stole it.

What is transferred intent?

When a person intends to commit a crime, they are responsible for the consequences, even if the act affects an unintended target.

What is a principal in criminal law?

The person who commits the criminal act or omission.

Define accessory in the context of a crime.

A person who assists the principal before or after the crime is committed.

What is an accomplice?

A person who is present when a crime is committed and who assists or aids the principal.

What is an accessory before the fact?

A person who encourages or commands the commission of a crime or assists in planning it, but is not present during the crime.

Give an example of an accessory before the fact.

Providing a gun to a person who uses it to rob a bank.

What is an accessory after the fact?

A person who assists the principal to escape arrest after knowing a crime has been committed.

Who was Dr. Samuel Mudd?

He provided treatment for Lincoln's assassin, potentially making him an accessory after the fact.

What does aiding and abetting mean?

Liability for being present and assisting or encouraging the principal in committing a crime.

What is acting in concert in criminal law?

When a person joins with another to commit a crime, being treated as a principal even if they do not perform all acts necessary.

What is Hammurabi's Code?

A set of laws compiled by King Hammurabi of Babylon around 1755-1750 BC.

What is Justinian's Code?

A compilation of Roman law published in 534 AD by Emperor Justinian.

What influence did the Anglo-Saxons have on English law?

They brought their own laws to England after migrating from Northern Europe.

What significant event occurred in 1066 AD regarding English law?

William the Conqueror imposed his own laws upon England after defeating the Anglo-Saxons.

What is the common law?

The body of law brought to America by colonists from England.

What is the Principle of Legality?

The requirement that a crime must be defined by law, enacted by a legislative body with authority, and violated by the person.

What are statutes?

Laws passed by the US Congress or state legislatures.

Where can federal statutes be found?

In the United States Code.

What are ordinances?

Laws passed by local governments applicable within their jurisdictions.

What role do administrative regulations play in criminal law?

They interpret laws enacted by Congress and are enforced by administrative agencies.

What is substantive law?

Laws that prescribe standards of conduct and specify acts considered crimes.

What is procedural law?

Law that regulates how substantive laws are enforced and imposes duties on law enforcement and the judiciary.

Who prosecutes criminal cases?

The government, represented by a prosecutor.

What is the difference between criminal and civil law?

Criminal law involves prosecution by the government for acts against society, while civil law involves individuals seeking damages for wrongs against them.

What happens if John attacks Tom?

John can be charged with criminal assault and Tom can file a civil lawsuit for damages.