Reference no: EM133684988

Criminal Law

Chapter 5

Know that defendants aren't criminally liable if their actions were justified or excused under the circumstances and understand how the affirmative defenses operate in justified and excused conduct.

Understand that self-defense limits the use of deadly force to those who reasonably believe that they're faced with the choice to kill or be killed right now.

Know and understand the four elements of self-defense.

Understand the retreat rule and its historic transformation that led to the stand-your- ground rule.

Know and understand the exceptions to the retreat rule, and to appreciate their impact on self-defense in cases of domestic violence.

Know and appreciate how self-defense has been expanded to include the defense of others, the home, and property.

Appreciate how the new "Castle Laws" are drastically transforming the law of self- defense, and to understand their application to self-defense cases.

Know that the choice-of-evils defense justifies the commission of a lesser crime to avoid an imminent threat of harm from a greater evil.

Know that the defense of consent is a justification defense based on the high value placed on individual autonomy in a free society.

Chapter 6

Understand that defendants who plead an excuse defense admit what they did was wrong but claim that, under the circumstances, they were not responsible for their actions.

Appreciate the long history of the insanity defense, and know the popular myths and empirical realities surrounding the insanity defense.

Understand the difference between insanity and competency when proving the affirmative defense of insanity.

Know the four different tests of insanity and which elements of mental capacity, reason, and/or will form the basis of each test.

Understand the difference between diminished capacity and diminished responsibility and appreciate how they apply only to homicide.

Understand how the law handles the excuse of age and that juvenile court judges can use their discretion to transfer a juvenile to adult criminal court.

Know the four elements of duress and appreciate the problem with blaming people who are forced to commit crimes.

Understand that voluntary intoxication is no excuse for committing a crime but involuntary intoxication is.

Understand that entrapment is used in all societies even though it violates a basic purpose of government in free societies: to prevent crime rather than encourage it.

Understand why, despite their criticisms, syndrome excuses are, and should be, taken seriously.