Podcast
Questions and Answers
In a criminal trial, who is the trier of fact?
In a criminal trial, who is the trier of fact?
The jury
The two elements usually required to find a defendant Guilty in a criminal trial are:
- [blank] ;
- [blank]
The two elements usually required to find a defendant Guilty in a criminal trial are:
- [blank] ;
- [blank]
- mens rea (correct)
- premeditation
- actus reus (correct)
- criminal intent
How is Fresno's 2005 Marcus Wesson case an example of an exception to the actus reus element?
How is Fresno's 2005 Marcus Wesson case an example of an exception to the actus reus element?
Wesson was found guilty of murder even though he did not personally kill his victims. Wesson instructed others to commit the murders for him
What does it mean to say that a defendant had mens rea at the time of committing their crime?
What does it mean to say that a defendant had mens rea at the time of committing their crime?
Are planning and/or premeditation required for a defendant to have mens rea?
Are planning and/or premeditation required for a defendant to have mens rea?
Is thinking of committing a crime, a crime?
Is thinking of committing a crime, a crime?
What makes it so difficult to convince someone that a defendant had mens rea?
What makes it so difficult to convince someone that a defendant had mens rea?
How does mens rea relate to criminal responsibility/culpability/"Guilty" verdicts?
How does mens rea relate to criminal responsibility/culpability/"Guilty" verdicts?
What is a parasomnia disorder?
What is a parasomnia disorder?
What is somnambulism?
What is somnambulism?
Before Kenneth Parks murdered his mother-in-law, how did she refer to him?
Before Kenneth Parks murdered his mother-in-law, how did she refer to him?
In the middle of the night, how many miles did Kenneth Parks drive to his in-law's house?
In the middle of the night, how many miles did Kenneth Parks drive to his in-law's house?
How did Kenneth Parks kill his mother-in-law?
How did Kenneth Parks kill his mother-in-law?
From where did Kenneth Parks obtain the two weapons used in the murder?
From where did Kenneth Parks obtain the two weapons used in the murder?
Based on what you know of the differences between organized and disorganized crimes, to which category do Parks' weapons indicate?
Based on what you know of the differences between organized and disorganized crimes, to which category do Parks' weapons indicate?
What did Kenneth Parks do right after the crime?
What did Kenneth Parks do right after the crime?
Are the details of Parks' family history of sleep disorders relevant?
Are the details of Parks' family history of sleep disorders relevant?
What three factors did Parks' defense lawyer use to justify the argument that he did not have mens rea?
What three factors did Parks' defense lawyer use to justify the argument that he did not have mens rea?
What did the Supreme Court of Canada decide in Parks' appeal?
What did the Supreme Court of Canada decide in Parks' appeal?
British judge and politician Sir Edward Coke (1644) is known for his contributions to the formation of which legal system?
British judge and politician Sir Edward Coke (1644) is known for his contributions to the formation of which legal system?
What kinds of factors can compromise a person's ability to form mens rea?
What kinds of factors can compromise a person's ability to form mens rea?
In the context of judicial systems, which of these acronyms refers to the juvenile justice system?
In the context of judicial systems, which of these acronyms refers to the juvenile justice system?
Juveniles are simply smaller versions of adults.
Juveniles are simply smaller versions of adults.
What is the primary issue in the differentiation between juveniles and adults in legal contexts?
What is the primary issue in the differentiation between juveniles and adults in legal contexts?
What is the 'rational brain', also known as the prefrontal cortex, responsible for?
What is the 'rational brain', also known as the prefrontal cortex, responsible for?
What is the 'emotional brain', also known as the limbic system, responsible for?
What is the 'emotional brain', also known as the limbic system, responsible for?
Why can the immaturity of the Prefrontal cortex lead to ineffective control of impulses in juveniles?
Why can the immaturity of the Prefrontal cortex lead to ineffective control of impulses in juveniles?
What was the name psychologist Lawrence Kohlberg's research on children's moral reasoning called?
What was the name psychologist Lawrence Kohlberg's research on children's moral reasoning called?
What two children were referenced in the Spilled Inkwell test?
What two children were referenced in the Spilled Inkwell test?
In juvenile cases that involve serious crimes, what is the term for when the juvenile justice system's protections are waived and the case is transferred to an adult criminal court?
In juvenile cases that involve serious crimes, what is the term for when the juvenile justice system's protections are waived and the case is transferred to an adult criminal court?
What factors do judges consider that make it more likely a case will be waived to adult court?
What factors do judges consider that make it more likely a case will be waived to adult court?
In the U.S., how often do judges waive serious juvenile cases to adult court?
In the U.S., how often do judges waive serious juvenile cases to adult court?
In CA, what age does adult court jurisdiction typically begin?
In CA, what age does adult court jurisdiction typically begin?
If a jury finds a defendant not guilty, what does it mean?
If a jury finds a defendant not guilty, what does it mean?
What are affirmative defenses?
What are affirmative defenses?
What are examples of affirmative defenses?
What are examples of affirmative defenses?
How does the standard of proof (beyond a reasonable doubt) differ from the standard for an affirmative defense?
How does the standard of proof (beyond a reasonable doubt) differ from the standard for an affirmative defense?
What is the difference between a defense of 'diminished capacity' and 'not guilty by reason of insanity'?
What is the difference between a defense of 'diminished capacity' and 'not guilty by reason of insanity'?
In the case of Zacarias Moussaoui, who was being tried for capital murder, what was the basis of the defense attorney's argument for finding him Not Guilty by Reason of Insanity?
In the case of Zacarias Moussaoui, who was being tried for capital murder, what was the basis of the defense attorney's argument for finding him Not Guilty by Reason of Insanity?
What happened to the inmates on death row when the Supreme Court ruled in Furman v. Georgia (1972) that the death penalty in the United States was being applied in a racially discriminatory manner?
What happened to the inmates on death row when the Supreme Court ruled in Furman v. Georgia (1972) that the death penalty in the United States was being applied in a racially discriminatory manner?
What are the two possible punishments in capital murder cases?
What are the two possible punishments in capital murder cases?
What are mitigating factors?
What are mitigating factors?
What are aggravating factors?
What are aggravating factors?
What is the role of a governor during clemency hearings?
What is the role of a governor during clemency hearings?
In the Nightline video, Robert Alton Harris appealed for clemency. In the video, what was the purpose of Dr. Skrapec moving some aggravating factors to the other side of the whiteboard?
In the Nightline video, Robert Alton Harris appealed for clemency. In the video, what was the purpose of Dr. Skrapec moving some aggravating factors to the other side of the whiteboard?
What was the most significant aspect of Robert Alton Harris's last meal request?
What was the most significant aspect of Robert Alton Harris's last meal request?
What is the most notable physical birth defect caused by alcohol use during pregnancy?
What is the most notable physical birth defect caused by alcohol use during pregnancy?
What is the most serious harm from prenatal exposure to alcohol on a fetus?
What is the most serious harm from prenatal exposure to alcohol on a fetus?
Flashcards
Who is the trier of fact in a criminal trial?
Who is the trier of fact in a criminal trial?
In a criminal trial, the jury or judge determines whether the defendant is guilty or not guilty.
What are the two elements usually required for a guilty verdict?
What are the two elements usually required for a guilty verdict?
The two essential elements are "actus reus" (guilty act) and "mens rea" (guilty mind).
What is actus reus?
What is actus reus?
Actus reus refers to the physical act of committing a crime.
What is mens rea?
What is mens rea?
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How can mens rea be challenged? Give an example.
How can mens rea be challenged? Give an example.
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How does mens rea relate to criminal responsibility?
How does mens rea relate to criminal responsibility?
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What is a parasomnia?
What is a parasomnia?
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What is somnambulism?
What is somnambulism?
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What factors can compromise a person's ability to form mens rea?
What factors can compromise a person's ability to form mens rea?
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What is the difference between the juvenile justice system and the adult criminal justice system?
What is the difference between the juvenile justice system and the adult criminal justice system?
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When are juvenile cases waived to adult criminal court?
When are juvenile cases waived to adult criminal court?
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What factors do judges consider when deciding to waive juvenile cases to adult court?
What factors do judges consider when deciding to waive juvenile cases to adult court?
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What does an acquittal mean?
What does an acquittal mean?
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What are affirmative defenses, and give some examples.
What are affirmative defenses, and give some examples.
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What is mistake of fact and how does it work?
What is mistake of fact and how does it work?
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How can intoxication be used as a defense?
How can intoxication be used as a defense?
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What is duress?
What is duress?
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What is necessity?
What is necessity?
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What is self-defense?
What is self-defense?
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What is the insanity defense?
What is the insanity defense?
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How could the insanity defense be used in the case of a 9/11 terrorist?
How could the insanity defense be used in the case of a 9/11 terrorist?
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How does diminished capacity differ from the insanity defense?
How does diminished capacity differ from the insanity defense?
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What happened to death row inmates after Furman v. Georgia?
What happened to death row inmates after Furman v. Georgia?
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What is clemency?
What is clemency?
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What are teratogens?
What are teratogens?
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What is Fetal Alcohol Syndrome?
What is Fetal Alcohol Syndrome?
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What was a key finding in Ann Streissguth's research on FAS?
What was a key finding in Ann Streissguth's research on FAS?
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What is the phenomenological method?
What is the phenomenological method?
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Who makes the decision of guilty or not guilty in criminal and insanity trials?
Who makes the decision of guilty or not guilty in criminal and insanity trials?
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What happens to a defendant found NGRI?
What happens to a defendant found NGRI?
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What was the outcome of the Foucha v. Georgia case?
What was the outcome of the Foucha v. Georgia case?
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What is the minimum age for trial in adult court?
What is the minimum age for trial in adult court?
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How did The Louisiana case and the SCOTUS test the NGRI ruling?
How did The Louisiana case and the SCOTUS test the NGRI ruling?
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How common are NGRI pleas and how successful are they?
How common are NGRI pleas and how successful are they?
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Why is it not a good idea to fake insanity?
Why is it not a good idea to fake insanity?
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What is malingering?
What is malingering?
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What factors contribute to the success of an NGRI plea?
What factors contribute to the success of an NGRI plea?
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What is psychopathy?
What is psychopathy?
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Why is psychopathy not considered a form of psychosis?
Why is psychopathy not considered a form of psychosis?
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Study Notes
Exam Information
- The exam is available at 10:00 am on Thursday, December 19.
- The exam is closed-book and closed-notes.
- Students have 55 minutes to complete the exam.
- Writing assignment #2 is open-notes, available at 11:00 am on December 19.
- Students have 25 minutes for the writing assignment.
- Both the exam and the writing assignment are available until 7:00 pm on December 19.
Mens Rea and the Judicial System
- Trier of fact: In a criminal trial, the jury determines the facts.
- Actus Reus and Mens Rea: Two elements commonly required for a guilty verdict.
- Actus reus: The guilty act. The 2005 Marcus Wesson case is an example of an exception.
- Mens rea: Criminal intent. Planning and premeditation aren't always required. Thinking about committing a crime is not a crime itself. Strict liability crimes are an exception in which mens rea is not always required. Determining the existence of mens rea can be challenging.
- Mens rea and Criminal Responsibility: Mens rea is linked to criminal responsibility and the determination of guilt.
Canadian Case of Kenneth Parks
- The case of Kenneth Parks involves an acquittal of killing his mother-in-law.
- Parks' mother-in-law referred to him as "Kenny".
- During the night Parks drove 14 miles to his mother-in-law's house.
- He used two weapons to kill his mother-in-law.
- His actions in the category of disorganized versus organized crime.
- After the crime, Parks cut the tendons in his hands.
- The defense used Parks' extensive family history of sleep disorders as mitigating factors in his defense.
- The Supreme Court of Canada upheld Parks' acquittal.
Factors Affecting Mens Rea
- Factors that can hinder a person's ability to form mens rea include:
- Juvenile Justice System differences: Juveniles are treated differently than adults in the criminal justice system due to developmental differences.
- Immaturity of the prefrontal cortex: The prefrontal cortex, the "rational brain," isn't fully developed in juveniles, impacting their impulse control.
- Level of moral reasoning: Kohlberg's spilled inkwell test can be used to assess moral reasoning in children..
Defenses and Other Legal Concepts
- Affirmative defenses: Legal justifications for criminal acts, (e.g., self-defense, duress, insanity).
- Insanity defense (NGRI): A legal defense asserting that the defendant was incapable of forming criminal intent due to a mental disorder.
Capital Cases and Death Penalty
- During the Furman v. Georgia(1972) ruling inmates on death row were affected.
- Some states currently have the death penalty.
- Capital cases involve separate guilt and penalty phases.
- Mitigating vs. aggravating factors determine (death penalty vs. life sentence)
- Clemency hearings are in place for condemned inmates.
Fetal Alcohol Syndrome(FAS)
- Fetal alcohol spectrum disorders (FASDs)
- Teratogens and pre-natal exposure (e.g., alcohol, drugs) can cause detrimental effects.
- Prenatal exposure can lead to cognitive and behavioral issues.
Psychopaths & Insanity Defenses
- Psychopathy is not a psychosis.
- Case study of Edmund Kemper.
- Prichard's definition of moral insanity.
- Hervey Cleckley's book "The Mask of Sanity".
Psychopathology and Clinical Disorders
- Differentiation between clinical mental disorders (DSM) and insanity defenses.
- Types of psychoses (e.g., schizophrenia, delusional disorder).
- Non-psychotic disorders (e.g., paraphilic disorders, personality disorders).
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