SOC 1003 Week 3
SOC 1003 Week 3 SOC 1003
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This 5 page Class Notes was uploaded by Morgan Routman on Friday January 30, 2015. The Class Notes belongs to SOC 1003 at George Washington University taught by Professor Schwartz in Spring2015. Since its upload, it has received 156 views. For similar materials see Intro to Criminal Justice in Sociology at George Washington University.
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Date Created: 01/30/15
SOC 1003 Week 3 13015 102 PM 0 DUI on Federal Roads ie BWI Parkway 0 Any crimes on Federal Property 0 Claim you did the crime but can justify it o Argues that there was no Mens Rea NOT AN EXCUSE Anyone can say they weren t aware they were breaking the law ALSO NOT AN EXCUSE Anyone can also claim they were drunk and unaware of what they were doing You might be able to argue it if you were drugged and unaware of being given alcohol or other substances Would be very hard to argue Legal not medical term Not usually just mentally ill you need more Defense brings it up during a trial a Jury has to decide I Must be able to help their defense and understand the nature of the crimes they committed How do we decide 0 First mention of Insanity Plea was in the Code of Hammurabi in 1772 BCE 0 Can t tell the right from the wrong 19 states use this with some modifications o Knows its wrong but cannot physically help themselves Ie Peter Lorre in M No state uses this in its purest form but four combine it with the M Naghten Rule 0 Product of Mental Illness 0 Severe Mental Illness and unable to understand how wrong the act was 0 The Federal Government eliminated the irresistible impulse and limited the number of testimonies given by psychiatrists o Lacks capacity to appreciate the wrongfulness of the act OR unable to conform to the behavior of the law 0 This is a combination of the M Naghten Rule and the Irresistible Impulse Act including the four that had already combined A child isn t criminally responsible if the age precludes the full realization of the gravity of their own behavior I Can t make Mens Rea Common Law a 7 and older can form Mens Rea Progressive Era a Child Savers I Must be competent 0 Voluntary and informed and with full understanding of the nature of what they are consenting to n Reasonable belief of danger great harm or death 0 Must not be able to feasibly escape 0 Only use force necessary to prevent personal harm 0 States have made this claim easier Castle Defense n Able to claim selfdefense when inside one s own home FL Stand Your Ground Law a Threat must be imminent a George Zimmerman Your Ruling Self Defense SOC 1003 Week 3 More Justifiable Defense513015 102 PM 0 Police aren t allowed to give you the incentive to commit a crime 0 If the police entice you to do it its entrapment 0 Police can encourage you 0 Motive can t originate from the Police 0 They can provide opportunities to commit a crime o Forced to commit a crime Rarely used Cant claim this for murder 0 Needed to do it to save your life or someone else s 0 Doesn t apply to moral agendas New Defenses sometimes work if a Jury or Judge will bite Twinkie Defense PMS defense 0 Both stupid and have never been able to repeat acquittal 0 Searches and Seizures Only under warrant 0 Self incrimination 0 Double jeopardy 0 Right to a grand jury right to a speedy and public trial right to an impartial jury right to counsel notice of charges confrontation with witnesses O O O O O o prohibits excessive bail o cruel and unusual punishment 0 Makes the Bill of Rights applicable to state proceedings 0 0 Due process Equal protection under the law In Amendments 5 and 14 Refers to the essential elements of fairness under the law Substantively the law itself must be fair No one is deprived of life liberty and property without the essential and proper legal process 0000
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