Week 5 Notes CJ2360!!
Week 5 Notes CJ2360!! CJ 2360.002
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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.
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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