New User Special Price Expires in

Let's log you in.

Sign in with Facebook


Don't have a StudySoup account? Create one here!


Create a StudySoup account

Be part of our community, it's free to join!

Sign up with Facebook


Create your account
By creating an account you agree to StudySoup's terms and conditions and privacy policy

Already have a StudySoup account? Login here

Week 5 Notes CJ2360!!

by: Maricela Castro

Week 5 Notes CJ2360!! CJ 2360.002

Maricela Castro


Preview These Notes for FREE

Get a free preview of these Notes, just enter your email below.

Unlock Preview
Unlock Preview

Preview these materials now for free

Why put in your email? Get access to more of this material and other relevant free materials for your school

View Preview

About this Document

Hi guys! SO i'm attaching week 5 notes, apologize for the delay. I realized Elshoff went through the same material this week so for Week 6 the end of this week i will send out vocab, case info, and...
Fundamentals of Criminal Law
Dr. J. D. Elshoff, B.A., J.D., C.Min.,
Class Notes
fundamentalsofcriminallaw, maricelamariecastro, loveyourself, maricelamarinspiration, school, college, texasstate, texasstateuniversity, texasstatecriminaljustice, texasstateuniversitycriminaljustice, criminallaw, CriminalJustice, Murder, texasstateuniversitysanmarcos, sanmarcos, texas, universityoftexas, smhsu, samhoustoncriminaljustice, Read, studysoup, maricelaelitenotetaker, requestmaricela, week, 5, week5, week5notes, fall2016, criminaljusticefall2016, cj2360week5, justreadit
25 ?




Popular in Fundamentals of Criminal Law

Popular in Criminal Justice

This 3 page Class Notes was uploaded by Maricela Castro on Wednesday October 5, 2016. The Class Notes belongs to CJ 2360.002 at Texas State University taught by Dr. J. D. Elshoff, B.A., J.D., C.Min., in Fall 2016. Since its upload, it has received 29 views. For similar materials see Fundamentals of Criminal Law in Criminal Justice at Texas State University.

Similar to CJ 2360.002 at Texas State

Popular in Criminal Justice


Reviews for Week 5 Notes CJ2360!!


Report this Material


What is Karma?


Karma is the currency of StudySoup.

You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!

Date Created: 10/05/16
CJ 2360.002 FUNDAMENTALS OF CRIMINAL LAW WEEK 5 9/27/2016 Chapter 5—Defenses Definition: defenses are justifications or excuses presented by the perpetrator of a crime to reduce or eliminate his or her criminal liability ü Battered spouse syndrome ü Infancy ü Intoxication ü PTSD ü PMS ü Duress ü Necessity ü Self-defense ü Defense of others ü Defense of property ü Resisting an unlawful arrest ü “castle” doctrine (p. 88) ü the use of force in making arrests; when is deadly force ok? o Deadly force is permissible, BUT only in some circumstances. o Ex. Rape, murder etc. ü In Tennessee v. Garner (1985), 471 U.S. 1, the Supreme Court held that police officers may not use deadly force except to protect their own life or the lives of others. Insanity; various tests apply: ü M’Naghten ü Irresistible impulse ü Durham ü ALI/MPC ü Federal Position What’s an unlawful arrest? Depends on how you look at it. End of CH. 5 CJ 2360.002 FUNDAMENTALS OF CRIMINAL LAW WEEK 5 9/29/2016 Chapter 6—Homicide Murder: (common law definition) ü The unlawful killing ü Of one human being ü By another ü With malice aforethought Murder: (modern definition) ü The purposeful, knowing of reckless ü Unlawful killing ü Of another human being Page 124: Euthanasia Euthanasia=mercy killing Degrees of murder: st ü 1 degree—premediated ü 2 nddegree—all other murders Felony-murder rule: ü The killing of one human being by another ü During the commission of a dangerous felony Voluntary manslaughter ü The intentional and unlawful killing of another person in response to adequate provocation Involuntary manslaughter ü The unintentional killing of another human being cause during the commission of an unlawful act not amounting to a felony or as the result of criminal negligence. Difference is one is voluntary one is involuntary. Suicide ü Not a crime CJ 2360.002 FUNDAMENTALS OF CRIMINAL LAW WEEK 5 ü The taking of one’s own life ü Suicide statutes, o were enacted to permit physicians to assist other in committing suicide. Baxter v. Montana (2009), 354 Mont. 234, 224 ü Honors a patient’s wishes at the end of life ü Shields physicians from liability for homicide ~Mens rea constitutes the intent. We’ve touched base with the same material in Week 6 here as well, the trial will be Thursday, therefore I will send out Week 6 notes consisting of cases and vocab. J J Thank you for reading! PLEASE CONTACT ME IF THERE’S ANY ERRORS OR MISSING POINTS I’D BE GLAD TO ADDRESS THEM


Buy Material

Are you sure you want to buy this material for

25 Karma

Buy Material

BOOM! Enjoy Your Free Notes!

We've added these Notes to your profile, click here to view them now.


You're already Subscribed!

Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'

Why people love StudySoup

Jim McGreen Ohio University

"Knowing I can count on the Elite Notetaker in my class allows me to focus on what the professor is saying instead of just scribbling notes the whole time and falling behind."

Jennifer McGill UCSF Med School

"Selling my MCAT study guides and notes has been a great source of side revenue while I'm in school. Some months I'm making over $500! Plus, it makes me happy knowing that I'm helping future med students with their MCAT."

Bentley McCaw University of Florida

"I was shooting for a perfect 4.0 GPA this semester. Having StudySoup as a study aid was critical to helping me achieve my goal...and I nailed it!"


"Their 'Elite Notetakers' are making over $1,200/month in sales by creating high quality content that helps their classmates in a time of need."

Become an Elite Notetaker and start selling your notes online!

Refund Policy


All subscriptions to StudySoup are paid in full at the time of subscribing. To change your credit card information or to cancel your subscription, go to "Edit Settings". All credit card information will be available there. If you should decide to cancel your subscription, it will continue to be valid until the next payment period, as all payments for the current period were made in advance. For special circumstances, please email


StudySoup has more than 1 million course-specific study resources to help students study smarter. If you’re having trouble finding what you’re looking for, our customer support team can help you find what you need! Feel free to contact them here:

Recurring Subscriptions: If you have canceled your recurring subscription on the day of renewal and have not downloaded any documents, you may request a refund by submitting an email to

Satisfaction Guarantee: If you’re not satisfied with your subscription, you can contact us for further help. Contact must be made within 3 business days of your subscription purchase and your refund request will be subject for review.

Please Note: Refunds can never be provided more than 30 days after the initial purchase date regardless of your activity on the site.