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Psychology & Criminal Justice: Defenses in Criminal Law PowerPoint PPT Presentation


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Psychology & Criminal Justice: Defenses in Criminal Law. By: Steve Christiansen. Topics . Necessity Entrapment Insanity Death penalty. Basic elements of crime Infancy Intoxication Duress Self Defense. Basic Elements of a Crime. Actus Reus-guilty act Mens Rea-intent

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Psychology & Criminal Justice: Defenses in Criminal Law

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Psychology criminal justice defenses in criminal law l.jpg

Psychology & Criminal Justice:Defenses in Criminal Law

By: Steve Christiansen


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Topics

  • Necessity

  • Entrapment

  • Insanity

  • Death penalty

Basic elements of crime

Infancy

Intoxication

Duress

Self Defense


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Basic Elements of a Crime

  • Actus Reus-guilty act

  • Mens Rea-intent

  • Fusion/Concurrence –act and intent come together at the same time.

    • Exception is criminal negligence-a deviation from a standard of care a reasonable person would exercise


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INFANCY

  • A state of being young

  • In most states a child under 7 years old can not be held liable for a crime. Why?

  • Age 8 to majority who deals with law violators?


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Intoxication Defense

Voluntary-is not a true defense but is used at times to reduce culpability.

Involuntary-forced to ingest or is injected with an intoxicating substance or is unaware the substance contains drugs or alcohol. ***Could also be a defense for drug interactions and diabetic insulin shock.


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Duress/Coercion

  • A person is forced to commit an act they would otherwise not perform.

    • Conditions:

      • Threat must be serious bodily harm/death

      • Harm threatened must be immediate & inescapable.


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Self Defense

  • A person is privileged to use such force as reasonably appears necessary to protect himself/herself and others.

  • Deadly force is only allowed if there is a reasonable belief that imminent death or bodily harm will otherwise result.

  • *Can not be used to defend property.

    • ***The immediacy has been waived in some DV cases. (Bobbitt Interview)


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Necessity

  • Necessity is justifiable if the harm or evil sought to be avoided by such conduct is great than that sought to be prevented.

  • Either break the law or something worse will happen.

  • Examples?

    • ***Is not allowable for murder.


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Entrapment

Entrapment can be used if a person is induced to commit a crime they otherwise would not have committed.

Opportunity to commit crimeInducing a person


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INSANITY

  • Insanity is a legal term, not listed in DSM-IV-tr.

  • M’Naghten Rule-at the time of committing the act, the accused was unable to distinguish right from wrong. Also called “right and wrong” test.

  • Over half the states use the M’Naghten Rule.


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Substantial Capacity Test

The defendant lacks “substantial capacity” to either “appreciate the wrongfulness” of his/her conduct or conform to that conduct.

The other states use this test including the United States Federal Government.


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IRRESISTABLE IMPULSE

  • A lesser defense of insanity.

  • The defendant knew right from wrong but was irresistibly impelled to commit the act.

  • How could you be impelled?


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CASE STUDY

WHO IS THIS MAN?

Interview


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Jun 1978 - Stephen Hicks

Sep 1987 - Steven Toumi

Oct 1987 - Jamie Doxtator

Mar 1988 - Richard Guerrero

Feb 1989 - Anthony Sears

Jun 1990 - Eddie Smith

Jul 1990 - Ricky Beeks

Sep 1990 - Ernest Miller

Sep 1990 - David Thomas

Feb 1991 - Curtis Straughter

Apr 1991 - Errol Lindsey

May 1991 - Tony Hughes

May 1991 - Konerak Sinthasomphone

Jun 1991 - Matt Turner

Jul 1991 - Jeremiah Weinberger

Jul 1991 - Oliver Lacy

Jul 1991 - Joseph Bradeholt

DAHMER’S VICTIMS


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JEFF DAHMER

  • Was JEFFERY DAHMERinsane?

  • Does a sane person eat body parts of their victims?

  • Apply the M’Naghten Rule.


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CASE STUDY

  • WHO IS THIS PERSON?


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DAVID BERKOWITZ

  • Known as “SON OF SAM” killer.

  • David Berkowitz's victims:

    • 29 July 1976 - Donna Lauria, 18

    • 30 Jan 1977 - Christina Freund, 26

    • 8 Mar 1977 - Virginia Voskerichian, 19

    • 17 Apr 1977 - Alexander Esau, 20 & ValentinaSuriani, 18

    • 31 July 1977 - Stacy Moskowitz, 20

      • Sentenced to 365 years in prison.


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PROBLEMS WITH INSANITY

  • HARD TO DEFINE WHAT IS INSANE.

  • HARD TO KNOW A PERSON’S STATE OF MIND AT TIME OF ACT.

  • THE END.


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Death Penalty-U.S.

  • U.S. Government and 37 states practice the death penalty (also U.S. Military).

  • 13 states do not practice the death penalty.

  • Current death row:

    • Male 3,291 (98.2%)

    • Female 59 (01.8%)


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Innocence Project

  • 252 Inmates have been exonerated through DNA.

  • Average time served before being exonerated is 13 years.

  • Race of those released:

    • 150 African Americans

    • 74 Caucasians

    • 21 Latinos

    • 2 Asian American

    • 5 whose race is unknown

    • Source: The Innocence Project.


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People on Death Row Exonerated by Year


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THANK YOU!

Questions?


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