Substantive Law
For EACH of the 20 terms – find a criminal case, a book of nonfiction or fiction, a short story, news article, or a movie from the past 10 years, that best illustrates the term and how it is to be applied. YOU MAY NOT USE examples from the text book.
For each term:
1. identify the term and whether it is an excuse or justification
2. identify the new article, criminal case, book or movie that illustrates the term, and provide clear enough citation for the article, criminal case, book, short story, or movie can be found.
3. explain the facts of the case/story and identify how the story meets the term.
4. Identify whether it is an objective, subjective or other test, and what components of the defense must be met to satisfy all elements of the defense 5. If the term has one or more tests – identify the/ each test and explain how the facts fit into the test, and if the test is satisfied or not satisfied.
1. Justification of self/ self defense
2. justification of others
3. justification of deadly physical force
4. defense of home
5. defense of property
6. execution of public duties
7. necessity
8. infancy
9. renunciation
10. alibi
11. procedural defects
13. can’t prove an element of an offense
14. insanity defense – mc’naughten rule/ right wrong test
15. insanity defense – irresistible impulse
16. insanity defense – durham rule/ but for test
17. insanity defense – substantial capacity
18. insanity defense – diminished capacity
19. insanity defense – temporary insanity
20. guilty but mentally ill
21. intoxication – voluntary
22. intoxication – in voluntary
23. Mistake of Fact
24. Mistake of Law
25. Consent
26. Duress
27. Entrapment
28. new defenses- cultural defenses
29. new defenses- sociological defenses
30. new defenses – abuse defenses