Criminal Law Chapter 5
-trial by battle used in 1066 to duke it out, if you died- you were guilty
-trial by ordeal= test used to determine criminal responsibility in ancient England involving
subjecting the individual to a tortuous ordeal. These ordeals were essentially appeals to God,
surviving the ordeal was God’s judgement of innocence
The burden of proof is always on the state; the defendant has to prove affirmative defense
-defense= a justification or excuse presented by the defense to lower or eliminate criminal
liability
-affirmative defenses= defense to a criminal charge in which the defendant generally admits
doing the criminal act but claims an affirmative defense (insanity defense) (must be proven by
the defendant)
-preponderance of the evidence= the greater weight of the evidence though not necessarily the
amount needed to remove every reasonable doubt it is proof sufficient to incline a reasonable
person toward one side of an issue rather than the other
→ insanity defense must be proved by preponderance of the evidence
Infant defense: persons under the age of 7 do not have the mental capacity to form mens rea
(conclusive presumption); children between 7 and 14 don’t have mens rea but evidence can be
brought that says otherwise; at 14 children are presumed to have the mental capacity to to
commit crime and form mens rea (dealt with in juvenile court 17 and under)
→ no longer an infant at 18,19,20,21 determined by the law of each jurisdiction
Insanity defense: typically only used in serious cases (murder/felony), only 2 percent of those
cases use the insanity defense (must be proved by defendant by preponderance of the
evidence)
-insanity tests= tests to determine legal and moral liability
-juries rarely buy the insanity defense
-not guilty by reason of legal insanity → did not have the capacity to form mens rea
-legal insanity at the time of the crime, not guilty by reason of legal insanity they cannot be tried
for that same crime again (double jeopardy, violates 5th amendment)
-legal insanity at the time of trial (violates 6th amendment of right to counsel, if defendant can’t
help their defense trial delayed until defendant is competent- Sell vs United States medications
can be forced on defendant to render them competent); competency to stand trial falls on
defendant b/c presumption of sanity proved by preponderance of the evidence
-legal insanity while incarcerated would grant stay of execution to not violate 8th amendment
right against cruel and unusual punishment
-trial by battle used in 1066 to duke it out, if you died- you were guilty
-trial by ordeal= test used to determine criminal responsibility in ancient England involving
subjecting the individual to a tortuous ordeal. These ordeals were essentially appeals to God,
surviving the ordeal was God’s judgement of innocence
The burden of proof is always on the state; the defendant has to prove affirmative defense
-defense= a justification or excuse presented by the defense to lower or eliminate criminal
liability
-affirmative defenses= defense to a criminal charge in which the defendant generally admits
doing the criminal act but claims an affirmative defense (insanity defense) (must be proven by
the defendant)
-preponderance of the evidence= the greater weight of the evidence though not necessarily the
amount needed to remove every reasonable doubt it is proof sufficient to incline a reasonable
person toward one side of an issue rather than the other
→ insanity defense must be proved by preponderance of the evidence
Infant defense: persons under the age of 7 do not have the mental capacity to form mens rea
(conclusive presumption); children between 7 and 14 don’t have mens rea but evidence can be
brought that says otherwise; at 14 children are presumed to have the mental capacity to to
commit crime and form mens rea (dealt with in juvenile court 17 and under)
→ no longer an infant at 18,19,20,21 determined by the law of each jurisdiction
Insanity defense: typically only used in serious cases (murder/felony), only 2 percent of those
cases use the insanity defense (must be proved by defendant by preponderance of the
evidence)
-insanity tests= tests to determine legal and moral liability
-juries rarely buy the insanity defense
-not guilty by reason of legal insanity → did not have the capacity to form mens rea
-legal insanity at the time of the crime, not guilty by reason of legal insanity they cannot be tried
for that same crime again (double jeopardy, violates 5th amendment)
-legal insanity at the time of trial (violates 6th amendment of right to counsel, if defendant can’t
help their defense trial delayed until defendant is competent- Sell vs United States medications
can be forced on defendant to render them competent); competency to stand trial falls on
defendant b/c presumption of sanity proved by preponderance of the evidence
-legal insanity while incarcerated would grant stay of execution to not violate 8th amendment
right against cruel and unusual punishment
