Intro to Crim Justice Final

Mistake

Mistake

Can be used as a defense bc there is a lack of Mens Rea.

Necessity

Break the law in order to save themselves or others from some greater harm.

Believes their conduct is…

necessary under the circumstances.

Consent

Cannot be used as a defense unless it is an element of the crime.

Consent can be used as a defense for the following reasons…

1. Youth with mental disease or defect, or intoxication that renders them unable to make a reasonable judgement.

2. If consent by force or duress

3. If they are legally incompetent

Approval by Deception

Consent under false pretenses.

Fraud in the inducement

The disguise of treatment.

Duress “Do it or else”

Unlawful pressure that is placed on a person to do what they would not have otherwise done. Threat, coercion, or violence.

Rules (Duress)

1. Threat must be immediate

2. It must be of death or serious bodily injury

3. Must be a family member

4. Must attempt to contact police

Entrapment

When a police officer or government official entices or encourages a person to commit an offense for the purpose of an arrest to prosecute. It is a set up.

To use as a defense (Entrapment)

1. Must be able to prove that it was not naturally going to occur

2. You were not predisposed to committing the act

Alibi

When a person says they were somewhere else at the time of the crime or with a certain (credible) person at the time of the crime.

Rules for using Alibi as a defense.

Must provide names of the alibis to the prosecutors prior to the trial date.

Voluntary Intoxication

Knowingly consuming a intoxication substance.

Strict Liability

A person is held responsible for any injuries caused even when you are not at fault.

Involuntary Intoxication

Unknowingly taking an intoxication substance.

Consuming the intoxication substance

1. Under duress

2. Without medical advice

3. Tricked into consuming

Immaturity

Too young to understand the legal consequences of their actions.

Age of Accountability

1. 14 years old (National Average

2. 12 years old (PA)

Television Intoxication

Internalizes subliminal messages. ( They cannot distinguish between fact and reality.)

Battered Woman Syndrome

History of domestic violence, the abused lashes out and kills the abuser. Must be documented history of abuse.

Competency (Diminished Capacity)

Suffering from a specific cognitive defect. Cannot form criminal intent.

Post Traumatic Stress Disorder (PTSD)

A person experiences a traumatic event and starts having memories of flashbacks, that make it difficult to function. (Shell Shock)

Example of PTSD

War Veterans

Cultural Disorientation

Comes from another country where certain behavior is legal, but that same behavior is illegal in the United States.

Ignorance

Is not a defense that works. Just because you didn't know something was illegal; doesn't mean you will not be held accountable.

Post partem depression

After childbirth, the mother becomes psychotic which can lead to suicide or infanticide.

Drug addiction

• A person commits a crime and says it is because of their addiction… doing crime to their addiction.

• Decreases level of offense because they cannot form Mens Rea.

Affouenza

Spoiled by their parents and are never disciplined.

Insanity

They were mentally ill at the time of their crime and should not be held accountable.