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Questions and Answers
What does the term 'affirmative defense' refer to in legal contexts?
What does the term 'affirmative defense' refer to in legal contexts?
Which of the following best describes the 'policeman at the elbow test'?
Which of the following best describes the 'policeman at the elbow test'?
What is the main focus of the deterrence perspective in criminal justice?
What is the main focus of the deterrence perspective in criminal justice?
In the context of diminished responsibility, the term 'irresistible impulse' refers to?
In the context of diminished responsibility, the term 'irresistible impulse' refers to?
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Which standard is associated with the Durham test?
Which standard is associated with the Durham test?
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Study Notes
Retribution or Just Deserts
- Focuses on punishment as a means of balancing the scales of justice.
- The offender deserves punishment commensurate with the harm caused.
Deterrence Perspective
- Aims to prevent future crime by making the consequences of criminal activity undesirable.
- Two types:
- General Deterrence: Deters the general public from committing crimes.
- Specific Deterrence: Deters the individual offender from re-offending.
Irresistible Impulse
- A legal defense that argues a defendant was unable to control their actions due to a mental defect or disease.
- Defendant lacked the capacity to choose between right and wrong.
Volitional Capacity
- Refers to the ability to make conscious and deliberate choices.
Policeman at the Elbow Test
- A hypothetical test used to assess whether a defendant could have resisted the urge to commit a crime.
- If the defendant could have resisted the impulse even with a policeman at their elbow, they are deemed to have had volitional capacity.
Product Test
- Also known as the Durham Standard.
- A legal test used to determine if a defendant's criminal behavior was a product of a mental defect or disease.
- If the criminal behavior was a product of mental illness, the defendant may be found not guilty by reason of insanity.
Affirmative Defense
- A defendant's admission of committing the crime but asserting a legal justification or excuse for their actions.
- Examples include:
- Self-defense
- Duress
- Insanity
- Entrapment
- Can be a complete defense to a criminal charge, leading to acquittal.
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Description
This quiz evaluates your understanding of key theories in criminal justice, including retribution, deterrence, and the legal implications of mental incapacity. Test your knowledge on topics such as the irresistibility of impulse and volitional capacity within the context of crime and punishment.