1b_CRJU.101.ch2.LAW.defenses

1b_CRJU.101.ch2.LAW. - self Substantial Capacity Lacks mental capacity needed to understand wrongfulness of act or to conform his behavior to the

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Criminal Law: Defenses
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Self-Defense (South Carolina) 1. Without fault 2. Actual belief of death or serious bodily injury 3. Reasonable belief 4. No other means of avoiding the danger
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Defense of Others Jurisdictions adopt one of two rules: Good Faith Rule Alter Ego Rule
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More Defenses Defense of Habitation Duress Age Entrapment
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Insanity M’Naghten Rule either (i) did not know what they were doing, or (ii) did not know it was wrong. Irresistible Impulse – knows it’s wrong but cannot control
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Unformatted text preview: self. Substantial Capacity Lacks mental capacity needed to understand wrongfulness of act or to conform his behavior to the requirements of the law Guilty But Mentally Ill -all elements proved-D mentally ill at time of defense, but not insane-go to institution, if cured, go to jail NOTE: Incompetence to stand trial — at time of trial, not time of crime; unable to understand nature of charges or aiding in own defense....
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This note was uploaded on 06/02/2011 for the course CRJU 101 taught by Professor Clement during the Spring '08 term at South Carolina.

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1b_CRJU.101.ch2.LAW. - self Substantial Capacity Lacks mental capacity needed to understand wrongfulness of act or to conform his behavior to the

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