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Question
The defense of diminished capacitya. is the same as the Durham insanity test.
b. asserts that the defendant's acts were involuntary.
c. involves a claim that because of mental illness the defendant did not have the required actus reus.
d. involves a claim that the defendant did not have the mens rea for the crime charged because of a mental disease or defect.
Answer
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Related questions
Q:
A defense in which the defendant admits the act but claims that, under the circumstances, they aren"t legally responsible is called
a. justification.
b. excuse.
c. claim of right.
d. mitigating condition.
Q:
Factual cause is also known as which of the following?
a. "but for" cause
b. legal cause
c. proximate cause
d. intervening cause
Q:
The objective determination that the defendant's act triggered a chain of events that ended as the bad result is called the
a. cause in fact.
b. negligent cause.
c. negligent cause.
d. subsequent cause.
Q:
General intent is the intent to
a. commit a criminal act.
b. cause harm.
c. make the act cause the harm.
d. have the mens rea.
Q:
Most serious crimes require mens rea in in addition to the criminal act. Explain why this is the case and how this relates to culpability. Additionally, mens rea is complex and it is difficult to determine just how much intent is necessary to convict someone of a crime. Describe the reasons why mens rea is so baffling.
Q:
What does the prosecution have to prove with regard to causation to get a conviction? What are intervening causes and how do they affect a defendant's responsibility? Be sure to provide examples.
Q:
What are strict liability crimes? Provide an example. What are some of the arguments for and against such crimes? Do you think there should or should not be strict liability crimes? Explain your position.
Q:
Negligence is a totally objective standard.
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Negligence involves conscious risk creation.
Q:
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In strict liability crimes, accidental injury can be criminal.
Q:
All courts define general intent as the intent to commit the criminal act.
Q:
In the absence of a confession, mens rea is usually proven by circumstantial evidence.
Q:
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Q:
The subjective judgment that it's fair and just to blame the defendant for the bad result is called
a. cause in fact
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Q:
The test for negligence is
a. totally objective.
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c. totally conscious.
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Q:
__________________ involves a connection between the mens rea and the actus reus.
Q:
Tory was fifteen years old when he intentionally pushed another high school student in front of a car, killing him. Tory stated in court that he wanted to kill someone and picked his victim at random. Tory has an extensive record of antisocial behavior and was sentenced to life-without possibility of parole. Tory appealed the sentence but the appeal was unsuccessful.
In his appeal, Tory likely argued that his sentence was
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Q:
The American Association on Mental Retardation includes three elements in its definition of mental retardation. Which one of the following is not one of those elements?
a. the person has substantial intellectual impairment.
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Q:
In what case did the Court apply the Apprendi rule to the U.S. Sentencing Guidelines?
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Q:
Which of the following is protected by the First Amendment?
a. obscenity
b. flag burning as a political protest
c. fighting words
d. expression that creates a clear and present danger to compelling government interests
Q:
A trial without a jury is called:
a. a bench trial
b. a jury trial
c. a verdict trial
d. an unconstitutional trial
Q:
What name is given to offensive, sexually explicit material that is not protected by the First Amendment?
a. obscenity
b. profanity
c. libel
d. literature
Q:
According to what principle must there be a specific law defining a crime and setting out the punishment before a person can be punished for that crime?
a. the principle of legality
b. the principle of comity
c. the principle of proportionality
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Q:
What are affirmative defenses? How do the burdens of production and persuasion relate to affirmative defenses?
Q:
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Q:
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Q:
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Q:
___________ principles of criminal law apply to many or all crimes.
Q:
The burden of proof for crimes is different than the burden of proof for torts.