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Exam 5: Excuse Defenses

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Question 21

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Match each word with the appropriate definition or description.

Premises

Responses

Duress

An excuse defense applicable only if the intoxication through alcohol, drugs, or other substances is involuntary.

Concurrent jurisdiction

Trying juveniles as adults in the criminal justice system or waiving them into adult court.

Discretionary waiver

Two courts, namely an adult and juvenile court, both have jurisdiction over a particular case.

Intoxication

Waiver of a juvenile defendant from adult court to juvenile court for adjudication.

Entrapment

The discretion of the juvenile court judge to waiver jurisdiction over a criminal case so that the minor can be tried as an adult.

Reverse waiver

Waiver of a juvenile defendant from juvenile to adult court is presumed appropriate based on the age, offense, or other factors.

Legislative exclusion

A statutory requirement that certain juveniles be treated as adults in the criminal justice system.

Mandatory waiver

An excuse defense applicable if the government is found to have manufactured or initiated a crime that would not have otherwise occurred.

Presumptive waiver

An excuse defense applicable when he defendant is forced to commit a crime by threat or force.

Juvenile waiver

Waiver of a juvenile defendant from juvenile to adult court is mandatory based on the age, offense, or other factors.

Premises

Duress

Concurrent jurisdiction

Discretionary waiver

Intoxication

Entrapment

Reverse waiver

Legislative exclusion

Mandatory waiver

Presumptive waiver

Juvenile waiver

Responses

An excuse defense applicable only if the intoxication through alcohol, drugs, or other substances is involuntary.

Trying juveniles as adults in the criminal justice system or waiving them into adult court.

Two courts, namely an adult and juvenile court, both have jurisdiction over a particular case.

Waiver of a juvenile defendant from adult court to juvenile court for adjudication.

The discretion of the juvenile court judge to waiver jurisdiction over a criminal case so that the minor can be tried as an adult.

Waiver of a juvenile defendant from juvenile to adult court is presumed appropriate based on the age, offense, or other factors.

A statutory requirement that certain juveniles be treated as adults in the criminal justice system.

An excuse defense applicable if the government is found to have manufactured or initiated a crime that would not have otherwise occurred.

An excuse defense applicable when he defendant is forced to commit a crime by threat or force.

Waiver of a juvenile defendant from juvenile to adult court is mandatory based on the age, offense, or other factors.

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Premises

Responses

Duress

Concurrent jurisdiction

Discretionary waiver

Intoxication

Entrapment

Reverse waiver

Legislative exclusion

Mandatory waiver

Presumptive waiver

Juvenile waiver

Premises

Duress

Concurrent jurisdiction

Discretionary waiver

Intoxication

Entrapment

Reverse waiver

Legislative exclusion

Mandatory waiver

Presumptive waiver

Juvenile waiver

Responses

Question 22

Multiple Choice

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Why can a person who voluntarily ingests an intoxicant not succeed with a defense of intoxication?

A) Why should a person who chooses to get drunk or stoned then be excused for actions committed in his or her altered state?
B) Why should anyone care if the person was intoxicated at the time of the crime?
C) Everyone is responsible for his or her actions regardless of the state of sobriety.
D) None of the above

E) B) and C)
F) C) and D)

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Question 23

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Evaluate the common law age categories based on a child's capacity to commit crimes. Analyze why certain age levels are relative to culpable mental states and mental maturity. Evaluate the importance of determining when and why a child should be tried as an adult. Determine if a child tried as an adult should be incarcerated in an adult or juvenile facility.

At what age may children be considered to have the same capacity as adults?

The defendant's competence to stand trail is usually considered in a _____________ pretrial hearing.

_________________ is an excuse defense applicable if the government is found to have manufactured or initiated a crime that would not have otherwise occurred.

In Sherman v. United States, the Supreme Court adhered to what particular type of test that focuses on offender predisposition?

Which of the following may allow the defendant in an entrapment case to escape conviction via a due process argument, rather than an affirmative defense?

______________ defenses, while controversial, are essential.

Which of the following is NOT one of the four circumstances in which a person is said to be involuntarily intoxicated?

PMDD is an extreme version of _________, which is a defense afforded to women who experience extreme agony and sometimes become violent.

Juvenile courts do not normally have mechanisms in place for transferring, or waiving, juveniles to adult court.

John's parents not only physically and mentally abused him and his siblings, but also abused all of the family pets. John's learned to withdraw from the family in attempts to avoid contact with his abusive parents. He secretly hated them not only for the abusive acts, but also because they were constantly intoxicated from drugs or alcohol. John's habitual withdrawal interfered with his studies and involvement in school events as well. However, peer pressure had little impact until he started high school. During his second year in high school, two high school bullies victimized John during school. John skipped school the next day, but showed up as the two bullies headed toward the school bus waiting to take them home. John runs up to the bullies, pulls out a .45 caliber semi-automatic pistol he had stolen from his father's bedroom, and shoots the bullies until the weapon is empty. Both of the bullies were killed. Analyze John's childhood history and compare his actions against the bullies to the abuse he endured throughout his childhood. Does John have any form of defense against prosecution? Why or why not? Being a sophomore in high school, John would be about 16 years old. Would the courts try him as a juvenile or an adult?

What type of defense is potentially available when the crime is based on psychological trauma that the defendant suffered after experiencing a traumatic event?

The insanity defense deals with the defendant's competence under what conditions?

A defendant pleading diminished responsibility does not seek relief from punishment by justification or excuse, but seeks to be punished for a lesser offense which he generally admits committing.

Under what age does the Model Penal Code provide a defense of "immaturity," which requires that a person may not be convicted of a crime?

Intoxication is formally defined as a "disturbance of mental or physical capacities resulting from the introduction of any substance into the body."

A person who is coerced or accidentally ingests an intoxicant is considered to be involuntarily intoxicated.

Children who were 16 to 17 at the time of their crimes can be tried as what?