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Chapter 9 Excuses. Lippman, Contemporary Criminal Law, Second Edition Chapter Summary Excuse Defenses Excuse Defenses Insanity Defense Insanity Defense.

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Presentation on theme: "Chapter 9 Excuses. Lippman, Contemporary Criminal Law, Second Edition Chapter Summary Excuse Defenses Excuse Defenses Insanity Defense Insanity Defense."— Presentation transcript:

1 Chapter 9 Excuses

2 Lippman, Contemporary Criminal Law, Second Edition Chapter Summary Excuse Defenses Excuse Defenses Insanity Defense Insanity Defense Diminished Responsibility Diminished Responsibility Age Age Duress Duress Mistake of Law Mistake of Fact Entrapment New Defenses

3 Lippman, Contemporary Criminal Law, Second Edition Introduction Defendant acknowledges that the law has been broken, however, the defendant is not responsible. Defendant acknowledges that the law has been broken, however, the defendant is not responsible. Affirmative defense Affirmative defense

4 Lippman, Contemporary Criminal Law, Second Edition Insanity Defense Defendant must show insanity at trial by offering expert testimony to the fact. Defendant must show insanity at trial by offering expert testimony to the fact. In some states, when found not-guilty by reason of insanity, defendant is committed to a mental institution until it is confirmed that defendant no longer poses a danger to society. In some states, when found not-guilty by reason of insanity, defendant is committed to a mental institution until it is confirmed that defendant no longer poses a danger to society. Civil commitment hearings are often conducted to determine defendant’s danger to society. Civil commitment hearings are often conducted to determine defendant’s danger to society.

5 Lippman, Contemporary Criminal Law, Second Edition Insanity Defense, cont. This defense is important for three reasons This defense is important for three reasons to ensure only those with free will are punished to ensure only those with free will are punished it would be cruel to seek retribution against those unable to control their actions it would be cruel to seek retribution against those unable to control their actions such an individual may still pose a danger to society and thus need professional treatment such an individual may still pose a danger to society and thus need professional treatment Insanity defense is distinct from a determination of competency to stand trial. Insanity defense is distinct from a determination of competency to stand trial.

6 Lippman, Contemporary Criminal Law, Second Edition Tests for Insanity M’Naghten Rule M’Naghten Rule used by most states and the federal government used by most states and the federal government defendant, at the time of the crime, suffered from such a defect of reason that defendant :did not know what defendant was doing” or “did not know right from wrong” defendant, at the time of the crime, suffered from such a defect of reason that defendant :did not know what defendant was doing” or “did not know right from wrong” Irresistible Impulse Test Irresistible Impulse Test a “disease of the mind” caused defendant to not know right from wrong, destroyed defendant’s free will, and was the sole cause of the act a “disease of the mind” caused defendant to not know right from wrong, destroyed defendant’s free will, and was the sole cause of the act

7 Lippman, Contemporary Criminal Law, Second Edition Tests for Insanity, cont. Durham Product Test Durham Product Test the act was a product of a mental disease or defect the act was a product of a mental disease or defect Model Penal Code Standard (Substantial Capacity Test) Model Penal Code Standard (Substantial Capacity Test) defendant lacks the capacity to appreciate the criminality of conduct or to conform to conduct required by law defendant lacks the capacity to appreciate the criminality of conduct or to conform to conduct required by law

8 Lippman, Contemporary Criminal Law, Second Edition Legal Equation

9 Lippman, Contemporary Criminal Law, Second Edition Legal Equation

10 Lippman, Contemporary Criminal Law, Second Edition Legal Equation

11 Lippman, Contemporary Criminal Law, Second Edition Legal Equation

12 Lippman, Contemporary Criminal Law, Second Edition Criticisms of Insanity Defense Biased for wealthy defendants Biased for wealthy defendants Goes against theories of punishment Goes against theories of punishment A fine line exists between sanity and insanity A fine line exists between sanity and insanity Psychological experts often give conflicting testimony using technical jargon that can be confusing for jurors Psychological experts often give conflicting testimony using technical jargon that can be confusing for jurors

13 Lippman, Contemporary Criminal Law, Second Edition Diminished Responsibility Some defendants have the right to demonstrate a lack of capacity to form required intent. Some defendants have the right to demonstrate a lack of capacity to form required intent. Voluntary intoxication can serve as a slight mitigating factor, in some states. Voluntary intoxication can serve as a slight mitigating factor, in some states. Many states have returned to the common law rule that intoxication is no defense. Many states have returned to the common law rule that intoxication is no defense.

14 Lippman, Contemporary Criminal Law, Second Edition Involuntary Intoxication Serves as a defense insomuch as it is applied to the jurisdiction’s test for insanity Serves as a defense insomuch as it is applied to the jurisdiction’s test for insanity Can occur by means of duress, mistake, fraud, or medication Can occur by means of duress, mistake, fraud, or medication

15 Lippman, Contemporary Criminal Law, Second Edition Age Common law recognized three categories of increasing responsibility Common law recognized three categories of increasing responsibility Under seven years lack capacity to form intent Under seven years lack capacity to form intent Between seven and fourteen assumed to lack capacity, but is rebuttable at court Between seven and fourteen assumed to lack capacity, but is rebuttable at court Over fourteen possess adult capacity Over fourteen possess adult capacity

16 Lippman, Contemporary Criminal Law, Second Edition Duress Common law excused guilt from those who committed a crime to avoid imminent death or bodily harm. Common law excused guilt from those who committed a crime to avoid imminent death or bodily harm. People cannot be expected to act in a heroic fashion or resist threats of death or serious bodily harm. People cannot be expected to act in a heroic fashion or resist threats of death or serious bodily harm. Those who commit crime in response to a severe threat lack intent. Those who commit crime in response to a severe threat lack intent. Those who commit crime under duress act in an involuntary manner. Those who commit crime under duress act in an involuntary manner.

17 Lippman, Contemporary Criminal Law, Second Edition Legal Equation

18 Lippman, Contemporary Criminal Law, Second Edition Mistake of Law Ignorantia lexis non excusat, “ignorance of the law is no excuse.” Ignorantia lexis non excusat, “ignorance of the law is no excuse.” People are expected to know the law. People are expected to know the law. Ignorance may falsely be claimed. Ignorance may falsely be claimed. Individuals cannot be permitted to define the law, themselves. Individuals cannot be permitted to define the law, themselves. Notice of new laws must be given to citizens. Notice of new laws must be given to citizens.

19 Lippman, Contemporary Criminal Law, Second Edition Mistake of Fact Model Penal Code Model Penal Code “ignorance or mistake is a defense when it negates the existence of a state of mind that is essential to the commission of an offense” “ignorance or mistake is a defense when it negates the existence of a state of mind that is essential to the commission of an offense” Mistake must be honest and in good faith. Mistake must be honest and in good faith.

20 Lippman, Contemporary Criminal Law, Second Edition Legal Equation

21 Lippman, Contemporary Criminal Law, Second Edition Entrapment Conception and planning of an offense by an officer, and his procurement of its commission by one who would not have perpetrated it except by the trickers, persuasion, or fraud of the officer Conception and planning of an offense by an officer, and his procurement of its commission by one who would not have perpetrated it except by the trickers, persuasion, or fraud of the officer

22 Lippman, Contemporary Criminal Law, Second Edition Tests for Entrapment Subjective Subjective focuses on the defendant focuses on the defendant did defendant possess a predisposition to commit the crime whether or not the government created the offense did defendant possess a predisposition to commit the crime whether or not the government created the offense Objective Objective focuses on the conduct of the government focuses on the conduct of the government did the conduct of the government fall below standards to which common feelings respond did the conduct of the government fall below standards to which common feelings respond

23 Lippman, Contemporary Criminal Law, Second Edition Legal Equation

24 Lippman, Contemporary Criminal Law, Second Edition New Defenses Abuse Abuse battered wife or child battered wife or child the criminal act was a result of abuse the criminal act was a result of abuse XXY Chromosome XXY Chromosome PMS PMS Postpartum Psychosis Postpartum Psychosis Environmental Environmental

25 Lippman, Contemporary Criminal Law, Second Edition New Sociological Defenses Black Rage Black Rage Urban Survivor Urban Survivor Media Intoxication Media Intoxication Rotten Social Background Rotten Social Background

26 Lippman, Contemporary Criminal Law, Second Edition Cultural Defenses The defendant’s native culture allows activity that is illegal in the Unites States The defendant’s native culture allows activity that is illegal in the Unites States Typically unsuccessful at trial Typically unsuccessful at trial


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