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Chapter 5 Video Case: Mistrial in Jordan Davis Murder Case: Discussion Questions Why was the defendant's credibility so important in the Dunn trial? How does the evidence referenced in the video impact the jury's decision on whether self-defense applies to the Dunn case? Assignment: Cha 5 You Decide Part Il - Justify Your Choices: Valid Justifications The cenfral issue in Valid Justifications revolves around the justifications that can be used to prove that a defendant is not blameworthy and, therefore, is not criminally liable, even in cases where the defendant engaged in a criminal act. Explain your choices in this scenario by addressing the following questions: Why does the argument of self-defense absolve a defendant of criminal liability? How has the defense of self, home, and property changed with the recent proliferation of "castle doctrine\" statutes? Chapter 6 Chapter 6 Video Case: Holmes and the Insanity Defense; MC Questions Defendants can plead excuse as a defense, which means they admit what they did was wrong but claim that, under the circumstances, they weren't responsible for what they did. Excuse defenses are affirmative defenses, so they are presented after the prosecution has proved its case beyond a reasonable doubt. Because this is an affimative defense, defendants have to carry some of the burden of proving they have an excuse that will relieve them of criminal responsibility. The insanity defense is perhaps the best-known excuse defense. The affirmative defense of insanity, better known as the insanity defense, might legally excuses Holmes from criminal liability because of a. their status as a patient of a psychiatrist b. a mental disease or defect c. their failure to understand the law d. their diminished capacity 10 The McNaughton rule, also known as the right-wrong rule, and used in insanity defense cases in most jurisdictions and the federal system, focuses exclusively on a. will b. volition c. self-control d. Reason According to the irresistible impulse test used in several jurisdictions, when arguing an insanity defense, we can't blame or deter people who, because of a mental disease or defect, know that what they're doing is "wrong\" but a. don't care and do the action anyway b. figure they can get away with it because of their mental disease or defect c. choose not to exercise their willpower to stop doing the action d. cannot conform their actions to their knowledge of right and wrong According to the Durham rule, also called the product-of-mental-iliness test, what are the "products\" of mental disease or defect excuse criminal liability? a. words b. thoughts C. acts d. writings What does the substantial capacity test, adopted in the Model Penal Code, emphasize to determine culpability? a. reason and will b. reason only c. will only d. volition Chapter 6 Video Case: Holmes and the Insanity Defense: Discussion Questions Describe the different tests which could be applied to determine whether defendants like Holmes were insane at the time of their offense. Which insanity test is most favorable to a defendant like Holmes? Why? Chapter 1 Chapter 1 Video Case: HIV Criminalization: MC Questions Rhoades and Suttle served time because their crime likely was investigated using the Model Penal Code {MPC). Under the MPC, which of the following is defined as "conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests? a_ civil liability b. ciminal liability c. a felony d. a misdemeanor Which of the following is an additional punishment the men from the video must live with for many years to come, despite their having already served time in jail or prison? a. house arrest b. a restriction on employment c. registering as a sex offender d. payment of a fine to the victim or victim's family In the video, the defense attorney asked the lowa Supreme Court to do which of the following? a. Appeal the case. b. Overturn the conviction. c. Take a plea bargain. d. Reduce his time served. The defense attormney took the case to the lowa State Supreme Court. The lowa State Supreme Court represents which level in the lowa criminal court structure? a. the highest b. the second highest c. the third highest d. the lowest Criminal conduct is defined as which type of criminal acts triggered by criminal intent? a. NUMEerous b. voluntary c. involuntary d. forced Criminal I aw and Punishment in U.S. Society: An Overview Do you believe that individuals who knowingly engage in risky behavior with another person should be able to press charges against that person? Why or why not? What do you believe the reasoning is for why individualssuch as the men in this casemust continue to register as a sex offender? Assignment: Chapter 1 You Decide Part Il - Justify Your Choices: Crime and Punishment The central issue in Crime and Punishment revolves around what kind of behavior constitutes criminal conduct and what kind of punishment is appropriate for criminal behavior. Explain your choices in this scenario by addressing the following questions: What factors come into play to determine whether someone should be charged with committing a crime by the prosecutor? What effect does the punishment of criminals have on the criminal? What effect does it have on society? Explain your answer with an example. Chapter 2 Chapter 2 Video Case: Lionel Tate Revisited: MC Questions The Eighth Amendment to the U.S. Consfitution bans "cruel and unusual punishments,\" which means barbaric punishment and punishments that are disproportionate to the crime committed. The propoertionality principle has been applied to juveniles in criminal cases. The U.S. Supreme Court has ruled that juveniles who commit crimes while under the age of 18 may not be executed for their crime. The Court has also held that juveniles may not be given life without parole for nonhomicide crimes. Which amendment to the U.5. Constitution bans "cruel and unusual punishments? a. First Amendment b. Fourth Amendment c. Eighth Amendment d. Sixth Amendment The principle of proportionality states that the punishment should a. compensate the victim for his or her suffering b. deter others c. cause equal harm to the perpetrator as was done to the victim d. fit the crime Were Lionel Tate an adult, the proportionality requirement would NOT have applied to his a. fines b. prison sentence c. parole terms d. death sentences Sentencing guidelines allow a judge when determining an appropriate sentence to consider the prior criminal record of the offender and the a. seriousness of the crime b. suffering of the victim c. possible rehabilitation of the offender d. deterrent effect of the sentence In the case of Graham v. Florida {2010), which would have applied to the Lionel Tate sentence had he remained under his sentence in 2010, the U.5. Supreme Court held that it is cruel and unusual punishment to sentence a juvenile offender to a. life with parole for any crime b. life without parole for a nonhomicide crime c. death for any crime d. life without parole for any crime Chapter 2 Video Case: Lionel Tate Revisited: Discussion Questions What constitutional limitations are applicable to sentencing? With Lionel Tate's case in mind, what factors might the sentencing judge consider in determining whether an offender is truly dangerous or a good candidate for rehabilitation? The central issue in Constitutional Limits revolves around how a constitutional democracy constrains the government's power to create criminal laws and punish offenders. Explain your choices in this scenario by addressing the following questions: What limitations does the First Amendment place on the creation of criminal laws? What limitations does the United States Constitution place on criminal punishment? The criminal justice system punishes people based on voluntary acts they commit. The voluntary act is the "first principle of criminal liability." The reasoning behind this idea holds that criminal law punishes people who can be blamed, and people can only be blamed if they are responsible for their acts. People are responsible only for their voluntary acts. A teenager pled guilty to drunk driving and manslaughter after killing four pedestrians while driving drunk. At sentencing, his attomey argued that the teen needed counseling instead of the 20-year prison sentence the prosecution sought. A psychologist said the teen was emotionally flat and suffered from "affluenza,\" because his wealthy parents never set limits and excused bad behavior. The judge ordered therapy at an in-patient facility and 10 years of probation. The defense attorney tried to come up with a way to ensure that the drunk driver not at fault for the deaths he caused. Which of the following examples is a fault-based defense? a. kidnapping b. coercion c. domestic abuse d. Sleepwalking An attendant circumstance, such as "while intoxicated," is an example of which of the following? a. an act connected to a circumstance b. the intention connected to a circumstance . circumstance connected to an act, an intent, and/or a result d. the result connected to an act or an intent For a crime to be a crime, it must include which of the following? a. criminal intent b. a voluntary act c. conduct that causes a bad result d. an involuntary act In the video, the teenager's defense attomey used the defense excuse of "affluenza.\" The affirmative defense excuses of insanity and diminished capacity take place during which part of the judicial process? a. at arraignment b. during the prosecution's presentation of the case c. at sentencing d. after the prosecution has proved that the defendant caused harm to the victim If another driver saw the teenager swerving in and out of traffic, he or she could choose to report what they saw. Which type of duty would this be? a. moral duty b. legal duty c. special relationship duty d. contractual duty Chapter 3 Video Case&itb8; Affluenza Defense in Teenage Drunk Driving Case:: Discussion Questions Do you agree or disagree with the sentence that the teenager was given for the deaths of four people? Why or why not? What solutions can you think of that could increase the moral duty of reporting drunk drivers? The central issue in The Bystander revolves around the elements of criminal liability and, in particular, actus reus. Explain your choices in this scenario by addressing the following questions: What is the concept of a voluntary act, and why is it so important to criminal law? When is an act not voluntary? Do you think Tom's act was voluntary? Why or why not? How are status, criminal omissions, and possession related to the voluntary act requirement of criminal liability'? Explain using examples from this scenario. Chapter 4 Chapter 4 Video Case: Zimmerman Trial: MC Questions Serious crimes, such as murder and manslaughter, require a mental element (mens rea) in addition to the criminal act. While mens rea means an \"evil state of mind,"\" several states of mind can qualify as the mental element. The wide spectrum ranges from purposely committing a crime you are aware is criminal to creating risks of criminal conduct or causing criminal harms you are not even aware you're creating. In the Zimmerman trial, the prosecutors tried to show that Zimmerman was a pathological liar. This would tend to show that Zimmerman had the most blameworthy mental state, the mental state of a. knowingly b. purposely c. recklessly d. Negligently The Model Penal Code (MPC) definition of the level of culpability as having the "conscious object\" to commit crimes is a. knowingly b. negligently c. recklessly d. Purposely According to the Model Penal Code (MPC), in bad result crimes, the mental element of what is fulfilled if the criminal was aware that it was "practically certain\" that the ciminal's conduct would cause the bad result? a. recklessness b. purpose c. knowing d. negligent Awareness of the risk of causing a criminal result is the mental element of acting Awareness of causing the result itself is the mental element of acting a. knowingly; purposely b. recklessly; knowingly c. purposely; recklessly d. knowingly; recklessly Consciously creating risks is acting . Unconsciously creating risks is acting a. negligently; recklessly b. recklessly; knowingly c. knowingly; negligently d. recklessly; negligently Chapter 4 Video Case: Fimmerman Trial Discussion Questions What evidence was referenced in the Zimmerman trial which supports the state's argument that Zimmerman intended to kill Martin and is guilty of second-degree murder? What evidence was referenced in the Zimmerman trial that rebuts the State's argument that Zimmerman intended to kill Martin and is guilty of second-degree murder? Assignment: Chapter 4 You Decide Part Il - Jusfify Your Choices: States of Mind The central issue in States of Mind revolves around the concepts of mens rea, concurrence, and causation as elements of criminal liability. Explain your choices in this scenario by addressing the following questions: What are the different states of mind that qualify as mens rea for criminal liability? How do these relate to the concepts of concurrence and causation? How might a suspect's ignorance and mistakes create a reasonable doubt that the prosecution has proved criminal intent? One of the elements of criminal liability is determining if the unjustified conduct was excused. In justification defenses, such as self-defense, defendants admit they were responsible for the acts, but they claim that what they did was justified under the circumstances. In addition, statutes such as stand-your-ground laws may absolve a defendant of criminal liability. Deadly force could only have been successful in the Dunn case if the defendant a_ is retaliating for a past wrong b. believes the deadly attack is happening right then c. thinks an attack may happen later that day or the next day d. doesn't know when an attack will happen but knows it will happen someday Self-defense, as a justification defense, is only available a. against unprovoked attacks b. to the initial aggressor if he or she keeps attacking the victim c. against provoked afttacks d. to the initial aggressor if he or she does not withdraw from the attack that he or she provoked Like the defense Dunn raised, most affirmative defenses are perfect defenses, which means that if they're successful, defendants are found a. civilly responsible b. not guilty c. guilty d. guilty but receive no punishment In the use of deadly self-defense, Dunn would have to that it's necessary to use deadly force to repel the imminent deadly attack. a. unequivocally believe b. not be concemed c. reasonably believe d. not believe If a person doesn't start a fight, she can stand her ground and kill to defend herself without a. giving the attacker the opportunity to leave first b. shouting a waming first c. retreating from any place she has a night to be d. first trying to use nondeadly force to defuse the situation