Mens Rea and Judicial System Exam Overview

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Questions and Answers

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:

  1. [blank] ;
  2. [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?

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?

<p>The defendant had the intention to commit the crime and understood the consequences of their actions</p> Signup and view all the answers

Are planning and/or premeditation required for a defendant to have mens rea?

<p>False (B)</p> Signup and view all the answers

Is thinking of committing a crime, a crime?

<p>False (B)</p> Signup and view all the answers

What makes it so difficult to convince someone that a defendant had mens rea?

<p>It is very difficult to know exactly what a person was thinking when they committed a crime. There is a significant element of uncertainty, and proving a person's internal state can be challenging</p> Signup and view all the answers

How does mens rea relate to criminal responsibility/culpability/"Guilty" verdicts?

<p>Mens rea is a crucial element in establishing a person's guilt. Without mens rea, a person cannot be held criminally responsible for their actions. If a defendant acted without intent, they would not be deemed culpable for the resulting crime</p> Signup and view all the answers

What is a parasomnia disorder?

<p>Parasomnia is a sleep disorder that involves abnormal behaviors or experiences that occur during sleep.</p> Signup and view all the answers

What is somnambulism?

<p>Somnambulism is the act of sleepwalking, which can involve physically walking around while still asleep.</p> Signup and view all the answers

Before Kenneth Parks murdered his mother-in-law, how did she refer to him?

<p>Kenneth's mother-in-law affectionately referred to him as &quot;Ken&quot;.</p> Signup and view all the answers

In the middle of the night, how many miles did Kenneth Parks drive to his in-law's house?

<p>Kenneth Parks drove 14 miles to his in-law's house.</p> Signup and view all the answers

How did Kenneth Parks kill his mother-in-law?

<p>Kenneth Parks stabbed his mother-in-law multiple times. He also choked her to death, and he inflicted some blows with a blunt object as well. Finally, he left the weapons by her bedside, as if trying to create the impression that she had fought back.</p> Signup and view all the answers

From where did Kenneth Parks obtain the two weapons used in the murder?

<p>The victim's bedside (A)</p> Signup and view all the answers

Based on what you know of the differences between organized and disorganized crimes, to which category do Parks' weapons indicate?

<p>Parks' weapons suggest that his crime was disorganized. This includes his choice of weapons, which were readily available at the scene, as opposed to bringing weapons from his own home or from a specific location. The disorganization adds to the likelihood that the crime itself was spontaneous and impulsive.</p> Signup and view all the answers

What did Kenneth Parks do right after the crime?

<p>After the murder, Kenneth Parks left the murder weapons at the scene, went for a short walk, and ended up at a nearby hospital. He then attempted to commit suicide by stabbing himself, but he was unsuccessful when the medical staff intervened.</p> Signup and view all the answers

Are the details of Parks' family history of sleep disorders relevant?

<p>True (A)</p> Signup and view all the answers

What three factors did Parks' defense lawyer use to justify the argument that he did not have mens rea?

<p>Parks' defense lawyer argued that Parks' actions were influenced by his family's history of sleep disorders, the fact that he cut the tendons in his hands following the crime, and his attempt at suicide after the crime, which was an unusual and erratic behavior.</p> Signup and view all the answers

What did the Supreme Court of Canada decide in Parks' appeal?

<p>The Supreme Court of Canada upheld the trial court's decision to acquit Kenneth Parks. The court found that the evidence did not support the notion that Parks had acted with murderous intent, concluding that his actions were likely related to sleepwalking or a sleep disorder.</p> Signup and view all the answers

British judge and politician Sir Edward Coke (1644) is known for his contributions to the formation of which legal system?

<p>Sir Edward Coke's contributions are associated with the development of the common law system. He was a key figure in the growth and clarification of English common law during the 17th century.</p> Signup and view all the answers

What kinds of factors can compromise a person's ability to form mens rea?

<p>All of the above (D)</p> Signup and view all the answers

In the context of judicial systems, which of these acronyms refers to the juvenile justice system?

<p>JJS (D)</p> Signup and view all the answers

Juveniles are simply smaller versions of adults.

<p>False (B)</p> Signup and view all the answers

What is the primary issue in the differentiation between juveniles and adults in legal contexts?

<p>Cognitive and emotional maturity (C)</p> Signup and view all the answers

What is the 'rational brain', also known as the prefrontal cortex, responsible for?

<p>The prefrontal cortex plays a crucial role in executive functions, such as planning, decision-making, impulse control, and emotional regulation.</p> Signup and view all the answers

What is the 'emotional brain', also known as the limbic system, responsible for?

<p>The limbic system is responsible for processing emotions, forming memories, and regulating instinctive behaviors.</p> Signup and view all the answers

Why can the immaturity of the Prefrontal cortex lead to ineffective control of impulses in juveniles?

<p>When the Prefrontal cortex is not fully developed, it makes it difficult for juveniles to rationally control their instincts and impulsive behaviors. This lack of control can often lead to them acting on their immediate urges, regardless of the consequences.</p> Signup and view all the answers

What was the name psychologist Lawrence Kohlberg's research on children's moral reasoning called?

<p>The research project conducted by psychologist Lawrence Kohlberg designed to assess children's moral reasoning was called the 'Spilled Inkwell Test'.</p> Signup and view all the answers

What two children were referenced in the Spilled Inkwell test?

<p>The Spilled Inkwell test compared Timmy to Jimmy. This test would help to identify when someone in the juvenile justice system can have their case waived and be heard in an adult criminal court.</p> Signup and view all the answers

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?

<p>When the juvenile justice system waives its protections and sends a juvenile's case to adult criminal court, this procedure is called a 'waiver.'</p> Signup and view all the answers

What factors do judges consider that make it more likely a case will be waived to adult court?

<p>The factors that influence a judge's decision to waive a case to adult court are often based on the severity of the crime committed, the juvenile's age, their criminal history, the likelihood of rehabilitation within the juvenile justice system, and the level of risk they pose to the community.</p> Signup and view all the answers

In the U.S., how often do judges waive serious juvenile cases to adult court?

<p>The frequency of waivers in the US varies significantly across jurisdictions. There is no single national figure, as each state has its own policies and procedures governing waivers, and these practices can differ widely.</p> Signup and view all the answers

In CA, what age does adult court jurisdiction typically begin?

<p>In California, adult criminal court jurisdiction typically begins when individuals reach the age of 18.</p> Signup and view all the answers

If a jury finds a defendant not guilty, what does it mean?

<p>A not-guilty verdict does not mean the jury believes the defendant is innocent, but instead that the prosecution did not provide enough evidence to convince the jury beyond a reasonable doubt that the defendant was guilty of the crime.</p> Signup and view all the answers

What are affirmative defenses?

<p>Legal justifications for a defendant's criminal actions (A)</p> Signup and view all the answers

What are examples of affirmative defenses?

<p>All of the above (D)</p> Signup and view all the answers

How does the standard of proof (beyond a reasonable doubt) differ from the standard for an affirmative defense?

<p>While the standard of proof beyond a reasonable doubt is required for the prosecution to prove a defendant's guilt, the burden of proof shifts to the defendant to establish an affirmative defense. The defendant needs to provide evidence that supports their defense, although the standard of proof for affirmative defenses is typically less stringent.</p> Signup and view all the answers

What is the difference between a defense of 'diminished capacity' and 'not guilty by reason of insanity'?

<p>Not Guilty by Reason of Insanity (NGRI) refers to a mental state at the time of the crime, where the individual is deemed unable to understand the nature of their actions or to distinguish right from wrong. Diminished capacity, on the other hand, is a lesser defense that suggests that the defendant, while mentally competent, still lacked the mental capacity to form the necessary intent or plan to commit the crime.</p> Signup and view all the answers

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?

<p>Musaoui's defense attorney is likely to argue that he suffered from mental illness or a delusional disorder that prevented him from understanding the gravity and consequences of his actions at the time of the crime. They would attempt to portray that he was not in a state of mind to form the necessary intent to be found guilty of capital murder.</p> Signup and view all the answers

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?

<p>The Supreme Court's decision in Furman v. Georgia (1972) found that the death penalty was being applied in a racially discriminatory way, leading to a moratorium on executions in the U.S. While states still had the death penalty on the books, no person was actually executed for several years as a result of this ruling.</p> Signup and view all the answers

What are the two possible punishments in capital murder cases?

<p>In capital murder cases, the two possible punishments are the death penalty or life without parole.</p> Signup and view all the answers

What are mitigating factors?

<p>Factors that lessen the severity of the crime (A)</p> Signup and view all the answers

What are aggravating factors?

<p>Factors that exacerbate the severity of the crime (B)</p> Signup and view all the answers

What is the role of a governor during clemency hearings?

<p>During clemency hearings, the governor acts as the ultimate decision-maker. They are responsible for reviewing the inmate's case, considering the mitigating and aggravating factors, and ultimately making the decision whether to commute or pardon the death sentence.</p> Signup and view all the answers

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?

<p>Dr. Skrapec adjusted the whiteboard to represent the potential influence of mitigating factors in balancing the considerations of the case. By moving aggravating factors, he aimed to demonstrate that the case was not entirely black and white and that there were aspects that might warrant leniency.</p> Signup and view all the answers

What was the most significant aspect of Robert Alton Harris's last meal request?

<p>Harris' last meal request included an item related to brain damage. He requested a steak, French fries, and a bowl of ice cream – a seemingly unremarkable request for a last meal. However, the inclusion of a “pre-and postnatal brain damage” component in his request hinted at his awareness of possible factors that contributed to his actions and potentially gave him a reason to seek leniency.</p> Signup and view all the answers

What is the most notable physical birth defect caused by alcohol use during pregnancy?

<p>Alcohol consumption during pregnancy is linked to the Fetal Alcohol Spectrum Disorder (FASD), which can cause a variety of physical and neurological problems, including facial abnormalities, growth retardation, and learning disabilities.</p> Signup and view all the answers

What is the most serious harm from prenatal exposure to alcohol on a fetus?

<p>The most significant consequence of alcohol exposure during pregnancy is the damage caused to the developing brain, specifically in the third trimester.</p> Signup and view all the answers

Flashcards

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?

The two essential elements are "actus reus" (guilty act) and "mens rea" (guilty mind).

What is actus reus?

Actus reus refers to the physical act of committing a crime.

What is mens rea?

Mens rea refers to the mental state of the defendant at the time of the crime. It indicates whether the defendant intended to commit the act and understood its consequences.

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How can mens rea be challenged? Give an example.

The Marcus Wesson case in Fresno in 2005 is an example of an exception to the requirement of mens rea because Wesson, despite admitting to the killings, was found not guilty by reason of insanity.

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How does mens rea relate to criminal responsibility?

Mens rea plays a crucial role in determining criminal responsibility. In the case of a guilty verdict, it means that the defendant understood the nature of their actions and intended to commit the crime.

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What is a parasomnia?

Parasomnia is a sleep disorder characterized by unusual behaviors occurring during sleep.

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What is somnambulism?

Somnambulism is a parasomnia characterized by sleepwalking. It is a condition that can affect a person's ability to form mens rea.

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What factors can compromise a person's ability to form mens rea?

Factors like mental illness, intoxication, or developmental disabilities can impair a person's ability to form mens rea. They can make it difficult for the person to understand the nature of their actions or their consequences.

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What is the difference between the juvenile justice system and the adult criminal justice system?

The juvenile justice system (JJS) operates separately from the adult criminal justice system (CJS) with the goal of rehabilitating young offenders.

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When are juvenile cases waived to adult criminal court?

In some cases, the protections afforded to juveniles in the JJS might be waived, leading to their trial in an adult court.

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What factors do judges consider when deciding to waive juvenile cases to adult court?

Factors considered when deciding whether to waive a juvenile case include the severity of the crime, the juvenile's prior criminal history, and their potential danger to the community.

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What does an acquittal mean?

Although a jury finding a defendant not guilty does not mean they believe the defendant is innocent, it does mean the prosecution failed to prove the defendant's guilt beyond a reasonable doubt.

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What are affirmative defenses, and give some examples.

Affirmative defenses are legal arguments that justify the defendant's actions, challenging the presence of mens rea. Examples include mistake of fact, intoxication, duress, necessity, self-defense, and insanity.

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What is mistake of fact and how does it work?

Mistake of fact occurs when a defendant commits an illegal act based on a misunderstanding of the facts. The standard for this defense often requires the mistake to be reasonable and honest.

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How can intoxication be used as a defense?

Intoxication is a defense that argues the defendant's impairment due to alcohol or drugs compromised their ability to form mens rea. It often needs to be proven that the intoxication was involuntary or so severe it rendered the defendant unable to understand their actions.

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What is duress?

Duress is a defense where the defendant claims they committed the crime under the threat of immediate and serious harm to them or another person.

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What is necessity?

Necessity argues that the defendant committed the crime to prevent an imminent and greater harm. It is often used in situations like breaking the law to save a life, although it's very difficult to successfully use this defense.

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What is self-defense?

Self-defense is a defense that argues the defendant acted to protect themselves or another person from imminent harm.

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What is the insanity defense?

Insanity is a legal defense that claims the defendant was incapable of understanding the nature of their actions or distinguishing right from wrong due to a mental illness.

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How could the insanity defense be used in the case of a 9/11 terrorist?

A surviving 9/11 terrorist could argue that they were not guilty by reason of insanity based on the extreme indoctrination and pressure they faced, leading them to lose touch with reality and any sense of morality.

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How does diminished capacity differ from the insanity defense?

The defense of diminished capacity argues that the defendant's mental capacity was impaired at the time of the crime, but not to the extent of complete insanity. This can reduce the severity of the charge.

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What happened to death row inmates after Furman v. Georgia?

After the Supreme Court decision in Furman v. Georgia (1972), all inmates on death row at that time were reprieved. The death penalty was effectively suspended in the United States.

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What is clemency?

Clemency is a process where a governor can reduce the severity of a sentence, such as changing a death sentence to life imprisonment.

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What are teratogens?

Teratogens are substances or conditions that can cause birth defects or developmental problems in a fetus.

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What is Fetal Alcohol Syndrome?

Fetal Alcohol Syndrome (FAS) is a condition caused by prenatal exposure to alcohol. It can lead to physical deformities and cognitive impairments.

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What was a key finding in Ann Streissguth's research on FAS?

Ann Streissguth's 1991 article highlighted the significance of FAS as a leading preventable cause of intellectual disability.

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What is the phenomenological method?

The "phenomenological method" focuses on subjective experiences and interpretations of reality, in contrast to objective facts.

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Who makes the decision of guilty or not guilty in criminal and insanity trials?

The decision of guilty or not guilty in a criminal trial is made by the jury. In an insanity trial, the jury determines whether the defendant was legally insane at the time of the crime.

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What happens to a defendant found NGRI?

After being found not guilty by reason of insanity (NGRI), a defendant is typically sent to a secure psychiatric facility for treatment and evaluation. This is a change in their legal status from being a defendant to being a patient.

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What was the outcome of the Foucha v. Georgia case?

The Supreme Court case Foucha v. Georgia ruled that civilly committed individuals who were no longer violent could not be kept in a secure institution indefinitely. They must be released unless they pose a risk to themselves or others.

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What is the minimum age for trial in adult court?

In general, a person is considered an adult at 18 years old in California. However, juveniles as young as 14 can be tried in adult courts for serious crimes. The minimum age for such trials in Vermont is 10 years old.

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How did The Louisiana case and the SCOTUS test the NGRI ruling?

The Louisiana case in 1992 challenged the continued confinement of individuals found NGRI who were no longer mentally disordered but remained dangerous. This case raised questions about the balance between individual rights and public safety.

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How common are NGRI pleas and how successful are they?

NGRI pleas are uncommon, with only a small percentage of felony trials including them. Success rates for these pleas are even lower, meaning they rarely result in acquittal.

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Why is it not a good idea to fake insanity?

Faking insanity can be detrimental for the following reasons: 1) It is very difficult to successfully fake a mental illness, and 2) If detected, faking insanity can result in a more severe sentence than the original charge.

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What is malingering?

Malingering involves deliberately faking or exaggerating illness or impairment to gain something like avoiding work or getting attention. It's different from genuine mental illness.

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What factors contribute to the success of an NGRI plea?

Factors that influence the success of an NGRI plea include the severity of the crime, the defendant's mental history, and the strength of the expert testimony. Race and socioeconomic status are not significant factors in determining the outcome.

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What is psychopathy?

Psychopathy, while not a form of psychosis, refers to a personality disorder characterized by lack of empathy, guilt, and remorse. They often exhibit manipulative and impulsive behaviors.

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Why is psychopathy not considered a form of psychosis?

Psychopathy is not considered a form of psychosis because psychopaths are generally in touch with reality and are not experiencing delusions or hallucinations.

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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..
  • 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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