Criminal Justice Review #2

Criminal Justice Review #2 - Criminal Justice#2 1 Be able...

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Criminal Justice #2 1. Be able define the legal excuse of insanity. What are some of the different interpretations, or definitions, of insanity? What are the consequences, or outcomes, of an insanity ruling? Insanity – person cannot distinguish fantasy from reality. A person committing the crime does not know it was wrong or did not know what they were doing. Insanity is determined on low intelligence or mental deficiency due to age or injury. - M`Naughten Rule : (1843) “not knowing right from wrong” - Irresistible Impulse : cannot help themselves but knows its wrong - Durham Rule : not responsible for behavior if it is a result of some mental disease or defect - Substantial Capacity Test : legally insane at time of crime - Brawner's Rule : jury decides if defendant is responsible for crime - Guilty but Mentally Ill : pleads guilty but mentally ill at time of crime - Temporary Insanity : claim to have only been insane at time of crime Consequences of Ruling: Therapy, Mental Institute, if GBMI may sentence. 2. What are the 7 types of procedural defenses that can be raised in a criminal trail? Be able to give an example of each. Entrapment- when a law enforcement officer persuades someone to commit a crime that they would have otherwise not of committed Double Jeopardy – cannot be tried twice for the same crime Collateral Estoppal - “valid and final judgment” Selective Prosecution - “equal protective clause”
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This note was uploaded on 04/17/2008 for the course PBJ 101 taught by Professor Dianebrand during the Fall '07 term at SUNY Oswego.

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Criminal Justice Review #2 - Criminal Justice#2 1 Be able...

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