Class Notes Week 5

Class Notes Week 5 - I Forensic Class Notes#6 Diminished Capacity if you can demonstrate that the person at the time of the crime did not have the

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3.24.4 Forensic Class Notes (#6) I) Diminished Capacity – if you can demonstrate that the person at the time of the crime did not have the capacity to premeditate and undertake thoughtful deliberation upon their actions then you can say that they had “diminished capacity” and argue that they should be charged to a lesser degree because they did not have mens rea. a. Mens Rea (state of mind) – the intentions of a person to commit the crime (involves premeditation and deliberation) i. Ex – difference between 1 st degree murder and voluntary manslaughter, burglary and petty theft b. The “diminished capacity” argument is no longer allowed in California due to the “Twinkie defense” I) Insanity Defense c. Bifurcated Trial : i. First part of the trail is like any other trial in that it is designed to find out the guilt and level of guilt of the offender (guilt phase) ii. Then a sanity trial is undertaken d. History : i. McNaughten Rule – the person is legally insane if they did not understand the nature and
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This note was uploaded on 04/17/2008 for the course PSC 4320 taught by Professor Trompetter during the Spring '05 term at UC Davis.

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