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</p> Signup and view all the answers

    Is thinking of committing a crime, a crime?

    <p>False</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</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</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</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</p> Signup and view all the answers

    Juveniles are simply smaller versions of adults.

    <p>False</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</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</p> Signup and view all the answers

    What are examples of affirmative defenses?

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

    What are aggravating factors?

    <p>Factors that exacerbate the severity of the crime</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

    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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    Description

    This quiz covers key concepts regarding mens rea and actus reus within the judicial system. It emphasizes the roles of the jury in criminal cases and differentiates between various types of criminal intent. Understand the implications of the 2005 Marcus Wesson case and the complexities surrounding strict liability crimes.

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