1 / 0

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

kenda
Download Presentation

Psychology & Criminal Justice: Defenses in Criminal Law

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  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?
More Related