Describe the four elements of the defense of consent and give an example of each
What will be an ideal response?
• The person giving consent must be capable of giving it. Insane people, infants, or unconscious people cannot validly consent. An otherwise competent adult may consent to sexual relations or the taking of their property.
• The offense must be the type for which consent may be given. Disturbing the peace, affrays and disorderly conduct are not subject to consent. Generally, one may not consent to be murdered.
• The consent may not be obtained by fraud. Fraud in the execution applies to consent (for example, a doctor having sex with an unconscious patient who was told an operation was necessary). Fraud in the inducement is not applicable to consent (for example, a patient consenting to sex with a doctor who has convinced the patient that is will cure an illness). In the latter case, the consent is valid, as the law does not protect people from making voluntary choices where the nature of the act being consented to is disclosed.
• The person giving the consent must have the authority to give it. A bank teller cannot authorize one to rob a bank nor can a librarian consent to theft of the public's books. One person cannot consent to the theft of another's person's property.
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Following George Zimmerman’s shooting of unarmed Trayvon Marin 2013, the Black Lives Matter movement emerged. This called for increased investigation of and media attention to ______.
a. the racial dynamics of interactions between police and black males b. circumstances of police’ differential application of lethal force in interactions with black Americans c. official police accounts of justified killings d. all of these
Misdemeanors are possibly punishable by:
A) incarceration of less than one year in a city or county jail. B) a short jail term followed by short-term probation. C) fines. D) All of the above
In the example of public urination at an outdoor concert because of lack of port-o-potties, lack of port-o-potties is what type of facilitator of the problem:
a. Physical b. Social c. Chemical d. Natural
Ninety-five percent of DNA is non-coding. What term describes non-coding DNA that acts as genetic "on-an-off" switches?
a. karotypes b. exons c. introns d. base pairs