PLEASE READ I WILL HAVE THE TEMPLATE ATTACHED BELOW AND ALSO ALL THE CASES TOO.
PLEASE READ I WILL HAVE THE TEMPLATE ATTACHED BELOW AND ALSO ALL THE CASES TOO.
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Week 2 Assignment Questions
Applicable cases are located in Course Resources.
Courts overwhelmingly hold that amnesia of criminal acts brought on by drugs or alcohol does not render a defendant mentally incompetent to stand trial. Why is that? When could amnesia result in a determination of incompetence? See Gonzales v. State, 313 S.W.3d 840 (Tex. App. 2010), cert. denied 131 S. Ct. 921 (2011).
Defendant and another person extorted money from a former married lover of the defendant by threatening to disclose the previous sexual relationship to the victim’s wife. At her trial, defendant asked for an instruction on the defense of duress, claiming the other person threatened to kill her if she didn’t cooperate in the extortion scheme, which lasted several months. The trial judge refused to give the instruction. Why not? Was the judge correct? See United States v. Nwoye, 663 F.3d 460 (C.A.D.C. 2011).
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