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When the law states that sex with an und...View Answer
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A) Durham
B) irresistible impulse
C) diminished capacity
D) automatism
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The defense of duress and necessity are ...View Answer
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A) eyewitness testimony
B) direct testimony
C) expert testimony
D) lay testimony
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C
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The defense of entrapment is a legal defense that argues that the individual would not have committed the crime if not for the actions of law enforcement. In order to successfully argue entrapment, the defendant must prove two main elements: inducement and lack of predisposition.
Inducement refers to the actions of law enforcement or government agents that persuade or encourage the individual to commit the crime. This can include coercion, threats, or promises of reward. Lack of predisposition, on the other hand, refers to the defendant's lack of intent or willingness to commit the crime prior to the inducement.
Proving entrapment can be difficult because the defendant must demonstrate that they were not predisposed to commit the crime. This can be challenging, as the prosecution may argue that the defendant was already inclined to commit the crime and that the actions of law enforcement simply provided an opportunity.
Additionally, the burden of proof is on the defendant to establish entrapment, which can be a high bar to meet. The defendant must provide evidence to support their claim, and it can be challenging to prove the subjective state of mind and predisposition of the defendant.
In conclusion, the requirements for proving entrapment can make the defense difficult to establish. The burden of proof, the subjective nature of predisposition, and the potential for the prosecution to argue against inducement all contribute to the challenges of proving entrapment. However, in cases where there is clear evidence of inducement and lack of predisposition, the defense of entrapment can be a powerful tool in protecting individuals from unjust prosecution.
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The presumption and burden of proof can ...View Answer
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A defense is a legal strategy used by a ...View Answer
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A) M'Naghten
B) Durham
C) irresistible impulse
D) substantial capacity
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A) domestic authority
B) consent
C) condonation
D) victim's conduct
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A) objective entrapment
B) necessity
C) outrageous government conduct
D) patriot defense
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A) incomplete
B) affirmative
C) perfect
D) imperfect
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The circumstances under which lethal for...View Answer
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At common law, the age groups created to...View Answer
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A) Durham test
B) M'Naghten rule
C) irresistible impulse test
D) substantial capacity test
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A) others
B) people you do not know
C) your parents
D) property
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A) State v. Lively
B) Sherman v. United States
C) Tennessee v. Garner
D) Sorrells v. United States
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As a non-legal professional, I do not have a preference for any specific insanity defense. However, I believe that the insanity defense should be used judiciously and only in cases where there is clear evidence of a severe mental illness that significantly impaired the defendant's ability to understand the nature of their actions or to conform their behavior to the law. It is important for the legal system to balance the need for justice with the recognition of mental illness as a mitigating factor in criminal behavior. Ultimately, the decision of which insanity defense to use should be based on the specific circumstances of the case and the expert opinions of mental health professionals.
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Self-defense is a legal concept that all...View Answer
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The abolition of the insanity defense in...View Answer
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A) adequate provocation
B) imminent danger
C) retreat
D) reasonableness on the part of the defendant
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