Bentley had sexual intercourse with a 13-yearold girl in a state where the age of consent is 16 years of age. At his trial for statutory rape, Bentley’s best defense will probably be A) entrapment. B) infancy. C) duress. D) none of the above An example of noncriminal homicide is A) felony murder. B) voluntary manslaughter. C) involuntary manslaughter. D) none of the above Today, suicide is A) a crime. B) not a serious cause of death among teens. C) often treated as a plea for help. D) attempted by most people at some time in their lives. The difference between criminal assault and criminal battery is that A) in assault, the person acts recklessly. B) in battery, the person acts intentionally. C) in assault, there is a threat of physical attack. D) in battery, there is a threat of physical attack. Sexual assault includes A) stalking. B) rape. C) battery. D) manslaughter. Which of the following are ALL crimes against property? A) assault, arson, embezzlement, robbery B) receiving stolen property, burglary, forgery, homicide C) extortion, robbery, battery, larceny D) larceny, vandalism, burglary, unauthorized use of a motor vehicle Which of the following is an example of larceny? A) Konrad shoplifts a jacket. B) Karen holds up a jewelry store. C) Karol threatens to beat Grace up if she does not give her $1,000. D) Karl breaks into his neighbor’s house. Marty set his own home on fire and destroyed it because he wanted to build a new house on the property. He did not try to get insurance proceeds for the loss. Marty has committed A) arson. B) malicious burning. C) vandalism. D) no crime. Conor works in the canteen selling snacks to students during lunch hour. Every day he takes $20 from the cash register. He has committed A) robbery. B) extortion. C) burglary. D) embezzlement. Maurice used his credit card to order a digital camera. A week later, someone began charging items to Maurice’s credit card with the number they took from the Internet. Maurice is the victim of A) burglary. B) identify theft. C) embezzlement. D) extortion. Reminders in Criminal Law For a conviction to occur in a criminal case, the prosecutor must establish beyond a reasonable doubt that the defendant committed the act in question with the required intent The government must prove its case The defendant is not required to defend himself However, there are numerous defenses that can be used… No Crime Has Been Committed Evidence that no crime was committed E.g., carried gun but had permit, wasn’t rape but consensual No criminal intent was involved E.g., might have mistakenly taken someone else’s coat=honest and reasonable mistake Defendant Did Not Commit the Crime Alibi Evidence that the defendant was somewhere else at the time of the crime DNA evidence Defendant Committed a Criminal Act, but the Act was Excusable or Justifiable Self-defense the right of a person who is unlawfully attacked cannot use more force than appears reasonably necessary deadly force can only be used if the person believes there is eminent danger of death or serious bodily harm Defense of property reasonably non-deadly force however, some states have “Make My Day laws” which allow for deadly force against unwarranted intrusion Defense of others use of reasonable force you can use it if the person attacked can claim self-defense Review Ms. George kept a pistol in her home as protection against intruders. One evening, she heard a noise in the den and went to investigate. Upon entering the room, she saw a man stealing her television. The burglar, seeing the gun, ran for the window, but Ms. George fired and killed him before he could escape. In a trial for manslaughter, Ms. George pleaded self-defense. Would you find her guilty? Would your answer be any different if we had a Make My Day Law in GA? Review Coach Hutto has a legal handgun to protect his home against intruders and against increasing crime in his neighborhood. One night, Takeshi, a 16-year old Japanese exchange student, walks up to Mr. Peter’s driveway looking for a party. Takeshi thinks Hutto is hosting the party and begins yelling and waving his arms. Coach Hutto gets scared, retrieves his handgun, and points it at Takeshi while yelling “Freeze!” Takeshi does not understand English and keeps walking toward Hutto. Thinking he is an intruder, Hutto shoots and kills Takeshi at the front steps of his house. Coach Hutto is charged with first degree murder. Does he have a defense? Review The owner of a jewelry store spots a shoplifter stealing an expensive necklace. Can the owner use force to prevent the crime? Is so, how much? Defendant Committed a Criminal Act but is Not Criminally Responsible for his or her Actions Infancy under 7, legally incapable of committing a crime ages 7-14 also considered in that category, but has exceptions ○ e.g., 12-yr. old boy was charged with murder of 6 yr. old girl when attempting a wrestling move in “tough on crime” law Intoxication so drunk or high they didn’t know what they were doing voluntary intoxication is generally NOT a defense ○ exception=if crime requires proof of specific mental state e.g., sometimes can claim that because of drunkenness, a person could not have formed the intention to kill; if the mental state existed before getting drunk, it would not be a defense Defendant Committed a Criminal Act but is Not Criminally Responsible for his or her Actions Insanity people with a mental disorder shouldn’t get convicted if they didn’t know what they were doing or can tell the difference b/n right and wrong only applies if the person was insane at the time of the crime ○ some states have abolished the defense Person must be acquitted if they lack the substantial capacity to appreciate the nature of the act Defendant Committed a Criminal Act but is Not Criminally Responsible for his or her Actions Entrapment admits to criminal act, but claims he/she was induced or persuaded to commit the crime by a law enforcement officer entrapment is NOT just providing the opportunity to commit a crime, but that the defendant would not have committed the crime except for the officer difficult to prove and cannot be claimed in serious crimes involving serious injury Can entrapment be claimed as a valid defense in any of the following cases? Mary, an undercover police officer masquerading as a prostitute, approaches Edward and tells him that she’ll have sex with him in exchange for $50. Edward hands over the money and is arrested. Answer: Maybe, maybe not; was he roaming the streets looking for a prostitute or was he lured into committing a crime Can entrapment be claimed as a valid defense in any of the following cases? Jan, a drug dealer, offers to sell drugs to Emilio, an undercover police officer disguised as a drug addict. Emilio buys the drugs and Jan is arrested. Answer: Not entrapment; the police simply provided the opportunity for the sale Can entrapment be claimed as a valid defense in any of the following cases? Rashid, an undercover FBI agent, repeatedly offers Sammy a chance to get in on an illegal gambling ring, with the promise that he will win big. After refusing several offers, Sammy, who has no history of gambling but lost his job, finally gives Rashid $200 as a bet. Rashid immediately arrests Sammy. Answer: Entrapment; Sammy has no previous history of gambling and would likely not have entered the gambling ring if not prodded by Rashid Defendant Committed a Criminal Act but is Not Criminally Responsible for his or her Actions Duress result of coercion or threat of immediate danger to life or personal safety lacks the ability to exercise free will is not a defense to homicide Necessity compelled to react to a situation that is unavoidable to protect life not a defense in homicide REVIEW If the jury determines that this defense exists, the defendant can still be convicted of some crime. A. alibi B. intoxication C. infancy D. self-defense REVIEW A. B. C. D. Leo has been hospitalized during acute psychotic episodes seven times. While out in the community, he orders food in a restaurant. He feels he is being slighted and even though he knows it is wrong, he pulls out a gun and shoots the cook dead. He is charged with criminal homicide and will be found not guilty because he is criminally insane. guilty but mentally ill. guilty and will not have the defense of criminal insanity. not guilty because he lacked criminal intent. REVIEW When returning from Africa, Mary brings what she believes is ivory into the United States, even though it is illegal to bring ivory into the country. However, the item is really made of plastic. Mary has A) committed no crime. B) committed a crime because she has criminal intent. C) the defense of diminished capacity. D) the defense of an honest and reasonable mistake. REVIEW Nicholas is awakened at night by someone stealing his car. He takes his gun and chases the thief in his wife’s car. He shoots at the car and kills the driver. Nicholas is A) not guilty of criminal homicide because of selfdefense. B) not guilty of criminal homicide because of defense of property. C) not guilty of criminal homicide because of alibi. D) guilty of criminal homicide and has no defense. REVIEW A gang member points a gun at Tran and tells him that if he does not kill a rival gang member, he will kill him. Tran kills the rival gang member and would have A) no defense. B) the defense of duress. C) the defense of necessity. D) the defense of diminished capacity. Review A. B. C. D. E. F. G. Alibi Duress Entrapment Infancy Insanity defense Intoxication Necessity 1. 2. 3. 4. 5. 6. 7. A Latin word meaning “elsewhere;” an excuse or plea that a person was somewhere else at the time a crime was committed A. The legal defense of a person considered not yet legally responsible for his or her actions D. A state of drunkenness or similar condition created by the use of drugs or alcohol F. Defense raised by a criminal defendant stating that because of mental disease or defect, the defendant should not be held responsible for the crime committed E. An act by law enforcement officials to persuade a person to commit a crime C. Unlawful pressure on a person to do something that he or she would not otherwise do B. A defense to a criminal charge that shows a just or lawful reason for the defendant’s conduct G.