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Psychology & Criminal Justice: Defenses in Criminal Law

Psychology & Criminal Justice: Defenses in Criminal Law. By: Steve Christiansen. Topics . Necessity Entrapment Insanity Death penalty. Basic elements of crime Infancy Intoxication Duress Self Defense. Basic Elements of a Crime. Actus Reus-guilty act Mens Rea-intent

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Psychology & Criminal Justice: Defenses in Criminal Law

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  1. Psychology & Criminal Justice:Defenses in Criminal Law By: Steve Christiansen

  2. Topics • Necessity • Entrapment • Insanity • Death penalty Basic elements of crime Infancy Intoxication Duress Self Defense

  3. Basic Elements of a Crime • Actus Reus-guilty act • Mens Rea-intent • Fusion/Concurrence –act and intent come together at the same time. • Exception is criminal negligence-a deviation from a standard of care a reasonable person would exercise

  4. INFANCY • A state of being young • In most states a child under 7 years old can not be held liable for a crime. Why? • Age 8 to majority who deals with law violators?

  5. Intoxication Defense Voluntary-is not a true defense but is used at times to reduce culpability. Involuntary-forced to ingest or is injected with an intoxicating substance or is unaware the substance contains drugs or alcohol. ***Could also be a defense for drug interactions and diabetic insulin shock.

  6. Duress/Coercion • A person is forced to commit an act they would otherwise not perform. • Conditions: • Threat must be serious bodily harm/death • Harm threatened must be immediate & inescapable.

  7. Self Defense • A person is privileged to use such force as reasonably appears necessary to protect himself/herself and others. • Deadly force is only allowed if there is a reasonable belief that imminent death or bodily harm will otherwise result. • *Can not be used to defend property. • ***The immediacy has been waived in some DV cases. (Bobbitt Interview)

  8. Necessity • Necessity is justifiable if the harm or evil sought to be avoided by such conduct is great than that sought to be prevented. • Either break the law or something worse will happen. • Examples? • ***Is not allowable for murder.

  9. Entrapment Entrapment can be used if a person is induced to commit a crime they otherwise would not have committed. Opportunity to commit crime Inducing a person

  10. INSANITY • Insanity is a legal term, not listed in DSM-IV-tr. • M’Naghten Rule-at the time of committing the act, the accused was unable to distinguish right from wrong. Also called “right and wrong” test. • Over half the states use the M’Naghten Rule.

  11. Substantial Capacity Test The defendant lacks “substantial capacity” to either “appreciate the wrongfulness” of his/her conduct or conform to that conduct. The other states use this test including the United States Federal Government.

  12. IRRESISTABLE IMPULSE • A lesser defense of insanity. • The defendant knew right from wrong but was irresistibly impelled to commit the act. • How could you be impelled?

  13. CASE STUDY WHO IS THIS MAN? Interview

  14. Jun 1978 - Stephen Hicks Sep 1987 - Steven Toumi Oct 1987 - Jamie Doxtator Mar 1988 - Richard Guerrero Feb 1989 - Anthony Sears Jun 1990 - Eddie Smith Jul 1990 - Ricky Beeks Sep 1990 - Ernest Miller Sep 1990 - David Thomas Feb 1991 - Curtis Straughter Apr 1991 - Errol Lindsey May 1991 - Tony Hughes May 1991 - Konerak Sinthasomphone Jun 1991 - Matt Turner Jul 1991 - Jeremiah Weinberger Jul 1991 - Oliver Lacy Jul 1991 - Joseph Bradeholt DAHMER’S VICTIMS

  15. JEFF DAHMER • Was JEFFERY DAHMERinsane? • Does a sane person eat body parts of their victims? • Apply the M’Naghten Rule.

  16. CASE STUDY • WHO IS THIS PERSON?

  17. DAVID BERKOWITZ • Known as “SON OF SAM” killer. • David Berkowitz's victims: • 29 July 1976 - Donna Lauria, 18 • 30 Jan 1977 - Christina Freund, 26 • 8 Mar 1977 - Virginia Voskerichian, 19 • 17 Apr 1977 - Alexander Esau, 20 & ValentinaSuriani, 18 • 31 July 1977 - Stacy Moskowitz, 20 • Sentenced to 365 years in prison.

  18. PROBLEMS WITH INSANITY • HARD TO DEFINE WHAT IS INSANE. • HARD TO KNOW A PERSON’S STATE OF MIND AT TIME OF ACT. • THE END.

  19. Death Penalty-U.S. • U.S. Government and 37 states practice the death penalty (also U.S. Military). • 13 states do not practice the death penalty. • Current death row: • Male 3,291 (98.2%) • Female 59 (01.8%)

  20. Innocence Project • 252 Inmates have been exonerated through DNA. • Average time served before being exonerated is 13 years. • Race of those released: • 150 African Americans • 74 Caucasians • 21 Latinos • 2 Asian American • 5 whose race is unknown • Source: The Innocence Project.

  21. People on Death Row Exonerated by Year

  22. THANK YOU! Questions?

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