Name of Defense
What defense states that the accused was not in the right mind when the crime occurred?
the insanity defense
A teenager decides to throw eggs on a neighbors house on halloween, the neighbor shoots the teenager to protect his house. Is this reasonable self defense?
No, the house would be messy but it is not damage that cannot be done, and the gun is not a reasonable response to a non leathal projectile.
what is the difference between mens rea and actus reus?
Mens rea is a latin phrase that is the same as criminal intent. Actus Reus is a latin phrase that ist he same as the criminal act
What defense states that the accused unknowingly imbibed alcohol or drugs that lead to criminal behavior they would not have done otherwise.
Intoxication Defense
What is "entrapment?"
a person doing a crime they would not have done otherwise without police interference and influence.
A person suffering a psychotic break claims to have heard an angel say he has to kill their boyfriend or the person will go to hell. They choose to listen to the "angel" and kills their boyfriend. Is this a reasonable use of the insanity defense?
no, a voice heard does not need to be listened to, this would be a hard case to defend with insanity.
First and Second degree murder
What defense states that the crime was only done to prevent a greater harm from happening.
Necessity Defense
what is "Mistake of Fact?"
A crime was done unintentionally, like theft, mistaking one object for another accidentally leading to a crime being committed.
A woman goes out for her friend's 21st birthday and is the designated driver. Towards the end of the night her friend offers her a seltzer as it is hot out, unknowingly the woman drinks the seltzer which was an alcoholic seltzer. The woman, now tipsy, crashes into another car at a stoplight. is this a reasonable use of intoxication defense?
Yes, as the alcoholic seltzer was offered and not chosen, she could reasonably state she did not know there was alcohol in there before driving.
What is unique about white hat hacking?
it is the same illegal act as regular hacking but it is done with good intentions and often someone is paid to do this job.
What defense states that a person only did the crime as they were forced to under threat of great bodily or financial harm.
Duress Defense
What is "ignorance of the law" and what is "the statute of limitations."
Being unaware of the law that is being broken, does not defend against "i did not know it was illegal to rob a bank."
Statute of limitations is when the time limit to investigate the crime runs out and it can no longer be brought to court.
No, if there was no new evidence it would be fine, but as new DNA evidence was found the statute timer resets from the date the test was done.
Inchoate crimes are any that are "not finished."
- attempt, possession, solicitation, aiding and abetting, Accessory, threat