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Question 1
Raymond is a 45-year-old man who is slightly autistic. When Raymond was ten years old, his father had bought him a golden retriever puppy that Raymond named Roophis. One day, shortly after his Dad brought the dog home, it ran away. Since then, Raymond has always kept his eyes open for Roophis whenever he goes out. Raymond is walking through Central Park one day when he sees a small golden retriever puppy whose leash is ties around a parking meter. Thinking that he had finally found his long lost dog, Raymond happily goes to the dog, unties it and begins to walk off with it. Unfortunately for Raymond, the dog's owner sees what Raymond is doing and calls the police. Raymond is arrested and charged with larceny. If Raymond tried to raise a diminished capacity defense, he will succeed if he can prove that:
Correct
Incorrect!
Correct The doctrine of diminished capacity allows the defendant to avoid a conviction by showing that his mental capacity was so diminished that he could not have had the intent required to commit the crime he is charged with. That being the case, since larceny requires the intent to permanently deprive another pardon of his property, Raymond will need to show that, because of his autism, he believed that the dog was his and, therefore, did not intend to deprive the owner of his property. Thus, B is the correct answer.
Incorrect! The doctrine of diminished capacity allows the defendant to avoid a conviction by showing that his mental capacity was so diminished that he could not have had the intent required to commit the crime he is charged with. That being the case, since larceny requires the intent to permanently deprive another pardon of his property, Raymond will need to show that, because of his autism, he believed that the dog was his and, therefore, did not intend to deprive the owner of his property. Thus, B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 2
Raymond is a 45-year-old man who is slightly autistic. Raymond meets a woman at the library one day and, after their third date, they have intercourse. Later that week, the woman goes to the police and claims that Raymond raped her. Raymond's best chance to avoid a conviction is to raise a diminished capacity defense. He will succeed if he can prove that:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Most jurisdictions do not allow the use of diminished capacity as a defense. However, the jurisdictions that do allow a diminished capacity defense only allow it for specific intent crimes. That being the case the defendant will not able to use this defense for general intent crimes. Since rape is a general intent crime, Raymond will not be able to use the diminished capacity defense and he will be convicted. Therefore, D is the correct answer.
Incorrect! Most jurisdictions do not allow the use of diminished capacity as a defense. However, the jurisdictions that do allow a diminished capacity defense only allow it for specific intent crimes. That being the case the defendant will not able to use this defense for general intent crimes. Since rape is a general intent crime, Raymond will not be able to use the diminished capacity defense and he will be convicted. Therefore, D is the correct answer.