Podcast
Questions and Answers
In a criminal trial, the trier of fact is typically the ______.
In a criminal trial, the trier of fact is typically the ______.
jury
The two elements usually required to find a defendant Guilty are actus reus and ______.
The two elements usually required to find a defendant Guilty are actus reus and ______.
mens rea
A parasomnia is a ______ disorder.
A parasomnia is a ______ disorder.
sleep
If a jury finds a defendant Not Guilty, it does ______ mean the jurors believe the defendant did not do it.
If a jury finds a defendant Not Guilty, it does ______ mean the jurors believe the defendant did not do it.
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In the context of affirmative defenses, a mistake of fact is a ______ justification for committing a crime.
In the context of affirmative defenses, a mistake of fact is a ______ justification for committing a crime.
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Juvenile justice cases involving serious crimes may be ______, allowing them to be tried in adult court.
Juvenile justice cases involving serious crimes may be ______, allowing them to be tried in adult court.
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Factors that compromise a person's ability to form mens rea include ______, duress, and necessity.
Factors that compromise a person's ability to form mens rea include ______, duress, and necessity.
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An affirmative defense may include arguments based on ______, insanity, or self-defense.
An affirmative defense may include arguments based on ______, insanity, or self-defense.
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In a clemency hearing for condemned inmates, a governor is deciding whether to _____ the condemned inmate's death sentence to Life Without Parole.
In a clemency hearing for condemned inmates, a governor is deciding whether to _____ the condemned inmate's death sentence to Life Without Parole.
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Fetal Alcohol Syndrome is the leading preventable cause of _____ _____.
Fetal Alcohol Syndrome is the leading preventable cause of _____ _____.
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According to Winston Churchill's 1910 speech, 'How we treat our criminals is a test of our _____.'
According to Winston Churchill's 1910 speech, 'How we treat our criminals is a test of our _____.'
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When a defendant is found Not Guilty by Reason of Insanity (NGRI), their status changes from being a defendant in the criminal justice system to being a _____ patient.
When a defendant is found Not Guilty by Reason of Insanity (NGRI), their status changes from being a defendant in the criminal justice system to being a _____ patient.
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_____ are toxic agents that, when exposed to a fetus during pregnancy, can cause physical birth defects.
_____ are toxic agents that, when exposed to a fetus during pregnancy, can cause physical birth defects.
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In a criminal trial, the decision of Guilty or Not Guilty is made by a _____ or jury.
In a criminal trial, the decision of Guilty or Not Guilty is made by a _____ or jury.
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The SCOTUS case _____ v. Georgia involved civilly committed individuals who were no longer violent.
The SCOTUS case _____ v. Georgia involved civilly committed individuals who were no longer violent.
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The phenomenological method distinguishes between objective realities and _____/subjective realities.
The phenomenological method distinguishes between objective realities and _____/subjective realities.
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In CA, a defendant must be at least ______ years old to be tried in an adult criminal court.
In CA, a defendant must be at least ______ years old to be tried in an adult criminal court.
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Individuals found NGRI can continue to be forcibly confined in a secure psychiatric institution if they are no longer mentally ______.
Individuals found NGRI can continue to be forcibly confined in a secure psychiatric institution if they are no longer mentally ______.
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The ______ defense allows defendants to plead Not Guilty by Reason of Insanity.
The ______ defense allows defendants to plead Not Guilty by Reason of Insanity.
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The ______ Rule is associated with Daniel McNaughtan's crime and includes a cognitive test.
The ______ Rule is associated with Daniel McNaughtan's crime and includes a cognitive test.
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The ______ Rule is also known as the 'Product Test'.
The ______ Rule is also known as the 'Product Test'.
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The American Law Institute's ______ is detailed in its Model Penal Code and includes considerations for irresistible impulses.
The American Law Institute's ______ is detailed in its Model Penal Code and includes considerations for irresistible impulses.
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Frotteurism, Necrophilia, and Splanchnophilia were paraphilias used in the case of ______ to argue insanity under the ALI Rule.
Frotteurism, Necrophilia, and Splanchnophilia were paraphilias used in the case of ______ to argue insanity under the ALI Rule.
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In general, faking ______ is not considered wise due to the potential legal consequences.
In general, faking ______ is not considered wise due to the potential legal consequences.
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Psychoses are serious mental disorders characterized by symptoms such as ________________ and/or hallucinations.
Psychoses are serious mental disorders characterized by symptoms such as ________________ and/or hallucinations.
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A psychotic disorder that does not include delusions is known as ________________ Disorder.
A psychotic disorder that does not include delusions is known as ________________ Disorder.
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Psychopathy is not considered a form of ________________.
Psychopathy is not considered a form of ________________.
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Psychopaths often engage in behaviors that are driven by a lack of ________________.
Psychopaths often engage in behaviors that are driven by a lack of ________________.
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Robert Hare classifies psychopaths into categories such as primary, secondary, and ________________.
Robert Hare classifies psychopaths into categories such as primary, secondary, and ________________.
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Around ________________% of the general population has Psychopathy, while the percentage is significantly higher in the adult prison population.
Around ________________% of the general population has Psychopathy, while the percentage is significantly higher in the adult prison population.
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Psychopathic sex offenders are more motivated by ________________ and excitement rather than by simple sexual arousal.
Psychopathic sex offenders are more motivated by ________________ and excitement rather than by simple sexual arousal.
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When psychopaths commit suicide, it is most often because they feel ________________ or they seek control over their fate.
When psychopaths commit suicide, it is most often because they feel ________________ or they seek control over their fate.
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Study Notes
FBS 153 Final Exam Study Guide
- The final exam is scheduled for December 19th, 2024, from 10:00 AM to 7:00 PM.
- The exam is closed-book and closed-notes.
- The exam will be 55 minutes long.
- A writing assignment (#2) will be available for those who chose to do it.
- The writing assignment begins at 11:00 AM on December 19th, and will have 25 minutes to complete.
Mens Rea and the Judicial System
- The trier of fact in a criminal trial is the jury.
- Two elements needed for a "Guilty" verdict are actus reus and mens rea.
- Actus reus is the act itself; the 2005 Marcus Wesson case demonstrates an exception.
- Mens rea is criminal intent, and it refers to the defendant having intent at the time of the crime. Planning or premeditation isn't always required.
- Thinking about committing a crime is not a crime itself, unless there is specific intent present.
- Strict liability crimes are exceptions to the usual mens rea requirement.
- Mens rea relates to criminal responsibility and the determination of "Guilty."
- Kenneth Parks case (acquitted) highlights the defense of lack of mens rea. The case details the crime, the two weapons used, the actions after the crime, and the relevant factors (sleep disorders, etc.). The Supreme Court appeal's outcome is discussed.
- Factors compromising a person's ability to form mens rea include immaturity of prefrontal cortex, and low moral reasoning level.
Other Relevant Factors
- Juvenile justice vs. adult criminal justice systems
- Juveniles are not simply smaller versions of adults.
- The immaturity of a prefrontal cortex ("rational brain") along with emotional brain's limbic system impact judgment in juveniles.
- Moral reasoning levels in children, tested through Kohlberg's method, influence maturity and culpability.
- Cases can be transferred from juvenile to adult court; Judges consider many factors to determine transfer.
- Affirmative defenses: mistake of fact, intoxication, duress, necessity, self-defense, insanity. A hypothetical surviving 9/11 terrorist case example and the role of the affirmative defense of insanity are relevant.
- Diminished capacity defense vs. insanity plea. How a diminished capacity differs from insanity.
- SCOTUS Furman ruling of 1972 had implications for death row inmates.
- Capital murder sentences and the specifics of mitigating and aggravating factors in varying court cases are addressed in the document.
- Clemency hearings can alter death sentences to Life Without Parole. Case studies of capital offenses and clemency cases are detailed.
- Teratogens, like alcohol, can cause birth defects; factors relating to criminal/violent behavior and prenatal exposure to teratogens.
- Insanity defense: McNaughton Rule, Durham Rule, American Law Institute's (ALI) rule. Cases are mentioned with focus on their defense strategy under these rules.
Psychopathology and Clinical Mental Disorders
- Different types of mental disorders are explained, including psychosis, schizophrenia, paranoia, and delusional disorder.
- Psychopaths and their brain structure, brain function, and their cognitive differences from those without this condition are also discussed.
- Specific examples like Charles Manson, Ted Bundy, and Edward Gein illustrate different circumstances.
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Description
Prepare for the FBS 153 final exam with this comprehensive study guide. Covering key topics such as mens rea and the judicial system, it provides insights into criminal responsibility and relevant cases. Get ready to test your knowledge and ensure you're prepared for the exam on December 19th, 2024.
