Defenses
Constitutionally speaking
Juvenile
It's a crime
General
100
Actions that a person deems necessary to avoid harm to themselves or another is justified if avoiding that harm outweighs, according to reasonable standards, the harm they would have encountered had they not violated the statute for which they are charged.
What is a Competing Harms defense?
100
Right not to be deprived of life, liberty or property
What is due process
100
No less that 24 hours - no more than seven days
What is the time frame for a delinquency petition to be served upon the parent/guardian of a juvenile defendant
100
The danger presented by a court proceeding that may result in punishment
What is jeopardy
100
Ties to the community Danger to the community Past record
What are factors taken into consideration when determining the type and amount of bail to set for a defendant
200
What are the subjective and objective tests for entrapment? Which is most widely used?
The subjective test for entrapment looks at the defendant’s state of mind; entrapment can be claimed if the defendant had no predisposition to commit the crime. The objective test looks to the government’s conduct: entrapment occurs when the actions of government officers would have caused a normally law-abiding person to commit a crime. Most jurisdictions use the subjective test.
200
A state or federal law that limits the number of days months or years that the government has to bring a criminal action against a suspect for a particular offense
What is a statute of limitations?
200
Pleas that can be entered in a juvenile arraignment?
What are True and Not True?
200
List and define components of a crime
What are: Causation, Harm or likely harm, Actus reus, mens rea
200
Explain the differences among “beyond a reasonable doubt,” “preponderance of the evidence,” and “clear and convincing.”
These are burdens of proof of varying degree. Under “a preponderance of the evidence,” the finder is asked to find for the party which, on the whole has stronger evidence, however slight. Under “clear and convincing evidence,” the finder must believe it is substantially more likely than not that the thing is in fact true. Under “beyond a reasonable doubt,” the finder must be firmly convinced of the defendant’s guilt.
300
What must be demonstrated to prevail with a claim of Self defense?
1. The attack must have been unprovoked - defendant must not have caused or invited the attack 2. The attack must be imminent(i.e. in progress or obviously about to happen) 3. The force used is justifiable only if reasonably necessary to repel an attack
300
Laws criminalizing acts already completed
What are Ex Post Facto Laws?
300
Type of criminal liability in a juvenile criminal mischief case with multiple defendants
What is joint and several?
300
The specific requirements enumerated in statutes or common law that define a particular offense
What are elements?
300
Pleas that a defendant can enter at arraignment for a misdemeanor
What are Guilty, Not Guilty and Nolo Contendre (no contest)
400
These are constitutional defenses
What are Freedom of Expression, Freedom of Assembly, Double Jeopardy
400
The requirement that every defendant must be able to understand the nature of the charges brought against him and be able to assist his legal counsel in formulating a defense
What is the defendant must be competent to stand trial?
400
Report completed by the JPPO prior to imposition of sentence
What is a pre-dispositional investigation (PDI)report
400
One whose elements are all included among the elements of the more serious crime that is being charged
What is a lesser included offense?
400
Define Summons Complaint Information Indictment
What are the charging documents for various offenses: Summons - traffic tickets or violations Complaint - misdemeanors Information- misdemeanors brought at Superior court Indictment - charging document produced by the grand jury
500
This leads to the dropping of charges or acquittal if successful
What is a perfect defense?
500
The two divisions of criminal law (due process)
What are 1. substantive - definitions of crimes and principles governing punishment and 2. procedural - the rules that the prosecution, the defense, and the courts must follow for the processing of a defendant from accusation to sentencing and appeal
500
The name of the hearings in a juvenile criminal matter
What are arraignment, adjudication and dispositional
500
1. Breaking and entering without the intent to commit a crime 2. Breaking and entering with the intent to commit a crime
What are 1. Criminal trespass 2. Burglary
500
An opinion handed down by a judge or panel of judges that is supported by a unanimous vote
What is a Per curiam opinion
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