In Class Quiz #2 Study Guide (1)

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Indian River State College *

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2100

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Law

Date

Jun 19, 2024

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docx

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Uploaded by ChefBuffaloMaster224

Below are questions and most of the answers ( in italics ) to the material that will be on the Quiz we will have in class on Thursday May 30 th . 1. Name 3 defenses. 2. Can a person use deadly force when exercising self-defense? 3. Can deadly force be used to defend another person? 4. Can deadly force be used to defend property? 5. Does one have a legal obligation to retreat before using deadly force? 6. What is the defense that allows a person to commit a crime? 7. What is an affirmative defense? A defense that raises an issue separate from the elements of the crime. Most affirmative defenses are based on justification or excuse and must be raised before or during the trial to preserve the issue for appeal. 8. What is an imperfect defense- reduces the severity of the offense . 9. What is a perfect defense- one that results in an acquittal. 10. Name a factual defense- An example of a factual defense is an alibi defense, which asserts that the defendant could not have committed the crime because he or she was somewhere else when the crime occurred. 11. Name two elements required for the M’Naghten insanity defense- The defendant must be suffering from a mental defect or disease at the time of the crime. The defendant did not know the nature or quality of the criminal act he or she committed or that the act was wrong because of the mental defect or disease. 12. Do all states recognize the insanity defense? The federal government and every state except Montana, Utah, Kansas, and Idaho recognize the insanity defense. 13.What is the Infancy defense? The defendant is not subject to criminal prosecution because he or she is too young to commit a crime. The policy supporting the infancy defense is the belief that juvenile defendants are too immature to form criminal intent. Infancy is a defense to an adult criminal prosecution if the defendant is too young to form the requisite criminal intent for the offense. 14. When/under what circumstances and can intoxication be a defense? Voluntary intoxication may provide a defense if the intoxication prevents the defendant from forming the requisite criminal intent for the offense. Voluntary intoxication is frowned on as a defense and in many states does not provide a defense to certain crimes, such as reckless intent crimes. Involuntary intoxication is more likely to serve as a defense any time the defendant is incapable of forming the requisite criminal intent for the offense. Involuntary intoxication is intoxication achieved unknowingly or pursuant to force, duress, or fraud. 15. What is the name of the defense when the government/law enforcement suggest/persuade a person to commit a crime? Entrapment-Historically, no legal limit was placed on the government’s ability to induce individuals to commit crimes. The Constitution does not expressly prohibit this governmental action. Currently, however, all states and the federal government provide the defense of entrapment. The entrapment defense is based on the government’s use of inappropriately persuasive tactics when apprehending criminals. Entrapment is generally a perfect affirmative statutory or common-law defense. Entrapment

focuses on the origin of criminal intent. If the criminal intent originates with the government or law enforcement, the defendant is entrapped and can assert the defense. If the criminal intent originates with the defendant, then the defendant is acting independently and can be convicted of the offense. The two tests of entrapment are subjective entrapment and objective entrapment. The federal government and the majority of the states recognize the subjective entrapment defense. 16. Name an inchoate crime- Attempt, conspiracy, and solicitation are considered inchoate crimes. Inchoate means “just begun, incipient, in the early stages.” Inchoate crimes can be left unfinished, or incomplete. Although attempt never results in the finished criminal offense, both conspiracy and solicitation could give rise to separate completed crimes. The criminal intent element required for attempt in the majority of jurisdictions is the specific intent or purposely to commit the crime at issue. Generally, no such thing exists as reckless or negligent attempt. Thus if the prosecution fails to prove beyond a reasonable doubt that the defendant acted purposefully with intent to commit the crime attempted, this could operate as a failure of proof defense . General attempt statutes set forth the elements of attempt and apply them to any crime. Specific attempt statutes define attempt according to specified crimes, such as attempted murder, robbery, or rape. 17. What is an affirmative defense to an attempt crime? Voluntary Abandonment may be a defense to an attempt crime. Many jurisdictions allow a defendant who voluntarily abandons the planned offense to use this abandonment as an affirmative defense to attempt (Fla. Stat. Ann., 2010). The defense has two parts. First, the defendant must have a change of heart that is not motivated by an increased possibility of detection, or a change in circumstances that make the crime’s commission more difficult. As the Model Penal Code states, “it is an affirmative defense that he abandoned his effort to commit the crime…under circumstances manifesting a complete and voluntary renunciation of his criminal purpose… [R]enunciation of criminal purpose is not voluntary if it is motivated…by circumstances… which increase the probability of detection…or which make more difficult the accomplishment of the criminal purpose” (Model Penal Code § 5.01(4)). Second, the abandonment must be complete and cannot simply be a postponement. Under the Model Penal Code, “[r]enunciation is not complete if it is motivated by a decision to postpone the criminal conduct until a more advantageous time or to transfer the criminal effort to another but similar…victim” (Model Penal Code § 5.01(4)). The voluntary abandonment defense gives defendants incentive to stop progressing toward consummation of the offense and prevents the crime from occurring without the need for law enforcement intervention. 18. What is conspiracy? Conspiracy punishes defendants for agreeing to commit a criminal offense. Conspiracy is an inchoate crime because it is possible that the defendants never will commit the planned offense. However, a conspiracy is complete as soon as the defendants become complicit and commit the conspiracy act with the conspiracy intent . The rationale for punishing defendants for planning activity, which generally is not sufficient to constitute the crime of attempt, is the increased likelihood of success when defendants work together to plot and carry out a criminal offense If the defendants commit the crime that is the object of the conspiracy, the defendants are responsible for the conspiracy and the completed crime. The essence of conspiracy is agreement, which requires two or more parties. However, the modern approach is that a conspiracy may be formed as long as one of the parties has the

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