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Combo with Chapter 6 Criminal Justice and 2 others

Terms in this set (68)

Duress
A condition under which one is forced to act against one's will. Also called compulsion
Voluntary Intoxication
Willful intoxication; intoxication that is the result of personal choice. Voluntary intoxication includes the voluntary ingestion, injection, or taking by any other means of any intoxication liquor, drug, or other substance.
Involuntary intoxication
Intoxication that is not willful
Mistake of fact
misinterpretation, misunderstanding, of forgetfulness of a fact relating to the situation at hand; belief in the existence of a thing or condition that does not exist
Ignorance of fact
Lack of knowledge of some fact relating to the situation at hand
Mistake of law
A Misunderstanding or misinterpretation of the law relevant to the situation at hand
Ignorance of the law
A lack of knowledge of the law or of the existence of a law relevant to the situation at hand
Culpable ignorance
the failure to exercise ordinary care to acquire knowledge of the law or of facts that may result in criminal liability
Infancy Defense
A defense that claims that certain individuals should not be held criminally responsible for their activities by virtue of their youth. also called immaturity defense
Juvenile offender
A child who violates the criminal law or who commits a status offense. Also a person subject to juvenile court proceedings because a statutorily defined event caused by the person was alleged to have occurred while the person was below the statutory specified age limit of original jurisdiction of a juvenile court
Entrapment
An improper or illegal inducement to crime by enforcement agents. Also a defense that may be raised when such inducements occur.
Outrageous government conduct
A kind of entrapment defense based on an objective criterion involving "the belief that the methods employed on behalf of the government to bring about conviction cannot be countenanced
Syndrome
A complex of signs and symptoms presenting a clinical picture of a disease or disorder
Syndrome-based defense
A defense predicated on or substantially enhanced by, the acceptability of syndrome related claims
psycholegal error
the mistaken belief that if we identify a cause for conduct including mental or physical disorders then the conduct is necessarily excused
competent to stand trial
A finding by a court that the defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational as well as factual understanding of the proceeding against him or her
incompetent to stand trial
A finding by a court that as a result of a mental illness defect or disability a defendant is unable to understand the nature and object of the proceeding against him or her or is unable to assist in the preparation of his or her own defense
Not guilty for reason of insanity
The plea of a defendant or the verdict of a jury or judge in a criminal proceeding that the defendant is not guilty or the offense charged because at the time the crime was committed the defendant did not have the mental capacity to be held criminally responsible for his or her actions
insanity
an affirmative defense to a criminal charge; a social and legal term that refers to a condition which renders the affected person un fit to enjoy liberty of action because of the unreliability of his behavior with concomitant danger to himself and others also a finding by a court of law
DSM-IV
the 4th edition of the diagnostic and statical manual of mental disorders published by the american psychiatric association. The DSM-IV lists 12 major categories of mental disorder
M'naugten rule
A rule for determing insanity that asks whether the defendant knew what he or she was doing orwhether the defendant knew that what he or she was doing was wrong
Insanity Defense Reform Act
A part of the 1984 crime control and prevention act that mandated a comprehensive overhaul of the insanity defense as it operated in the federal courts. The IDRA made insanity an affirmative defense to be proved by the defendant by clear and convincing evidence and created a special verdict of not guilty by reason of insanity
Irresistible impulse test
a test for insanity that evaluates defense claims that at the time the crime was committed a mental disease or disorder prevented the defendant from controlling his or her behavior in keeping with the requirements of the law
Durham rule
a rule for determining insanity that holds that an accused is not criminally responsible if his or her unlawful act was the product of mental disease or mental defect: A product law
Substantial capacity test
A test developed by the american law institute and embodied in the model penal code that holds a person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct to the requirements of the law
Guilty but mentally ill
A verdict equivalent to a finding of guilty that establishes that the defendant although mentally ill was sufficiently in possession of his faculties to be morally blameworthy for his acts
diminished capacity
A defense based on claims of a mental condition that may be insufficient to exonerate a defendant of guilt but that may be relevant to specific mental elements of certain crimes or degrees of a crime diminished responsibility
Defense
Evidence and arguments offered by a defendant and his or her attorneys to show why that person should not be held liable for a criminal charge
Justification
A type of legal defense in which the defendant admits to committing the act in question but claims it was necessary in order to avoid some greater evil.
Excuse
A type of legal defense in which the defendant claims that some personal condition or circumstance at the time of the act was such that he or she should not be held accountable under the criminal law.
Affirmative Defense
An answer to a criminal charge in which a defendant takes the offensive and responds to the allegations with his or her own assertions based on legal principles. Affirmative defenses must be raised and supported by the defendant independently of any claims made by the prosecutor. Justification and excuses are included.
Necessity
A defense to a criminal charge that claims that it was necessary to commit some unlawful act in order to prevent of avoid greater harm.
Self-Defense
A defense to a criminal charge that is based on the recognition that a person has an inherent right to self protection and that to reasonably defend oneself from unlawful attack is a natural response to threatening situations.
Reasonable person
A person who act with common sense and who has the mental capacity of an average, normal, sensible human being. The reasonable person criterion requires that the assumptions and ideas on which a defendant would have created the same beliefs in the mind of an ordinary person.
Apparent Danger
a form of imminent danger that is said to exist when the conduct or activity of an attacker makes the threat of danger obvious
Reasonable Force
A degree of force that is approopriate in a given situation and is not excessive; the minimum degree of force necessary to protect oneself. one property. a third party or the property of another in the face of a substantial threat.
Deadly force
a force likely to cause death or great bodily harm
Retreat Rule
A rule in many jurisdictions that requires that a person being attacked retreat in order to avoid the necessity of using force against the attacker if retreat can be accomplished with "complete safety"
Perfect self-defense
A claim of self defense that meets all of the generally accepted legal conditions for such a claim to be valid. Where deadly force is used. perfect self defense requires that in light of the circumstances, the defendant reasonably believed it to be necessary to kill the decedent to avert imminent death or great bodily harm and that the defendant was neither the initial aggressor nor responsible for provoking the fatal confrontation
alter ego rule
a rule that in some jurisdictions holds that a person can only defend a third party under circumstances and only to the degree that the third party could act on his or her own behalf
Castle exception
an exception to the retreat rule that recognizes a person's fundamental right to be in his or her home and also recognizes the home as a final and inviolable place of retreat. Under the castle exception to the retrea rule, it is not necessary to retreat from one's home in the face of an immediate threat, even where retreat is possible, before resorting to deadly force in protection of the home.
execution of public duty defense
A defense to a criminal charge, such as assault, that is often codified and the precludes the possibility of police officers and other public employees from being prosecuted when lawfully exercising their authority
Fleeing felon rule
A now defunct law enforcement practice that permitted officers to shoot a suspected felon who attempted to flee from a lawful arrest
Consent
a justification offered as a defense to a criminal charge that claims that theperson suffering an injury either agreed to sustain the injury or accepted the possibility of injury before the activity was undertaken
express consent
a verbally expressed willingness to engage in a specified activity
Inchoate Crime
An unfinished crime that generally leads to another crime. Also, a crime that consists of actions that are steps toward another offense. Also called "Anticipatory Offense".
Substantial Step
1.Significant activity undertaken in furtherance of some goal. 2. An act of omission that is a significant part of a series of acts of omissions, constituting a course of conduct planned to culminate in the commission of a crime.3. essential step toward the commission of a crime that is considered sufficient to constitute the crime of criminal attempt.Substantial step is strongly corroborative of the actor's criminal purpose
Mere Preparation
An act or omission that may be part of a series of acts or omissions constituting a course of conduct planned to culminate in the commission of a crime but that fails to meet the requirements for substantial step. Also, preparatory actions or steps taken toward the completion of a crime that are remote from the actual commission of the crime
Last Act Test
In the crime of attempt, a test that asks whether the accused had taken the last step or act toward commission of the offense, had performed all that he or she intended and was able to do in an attempt to commit the crime, but for some reason did not complete the crime.
Physical Proximity Test
A test traditionally used under common law to determine whether a person was guilty of attempted criminal activity.The physical proximity test requires that the accused has it within his or her power to complete the crime almost immediately.
Dangerous Proximity Test
A test for assessing attempts, under which a person is guilty of an attempt when his or her conduct comes dangerously close to success
Abandonment
The voluntary and complete abandonment of the intent and purpose to commit a criminal offense. Abandonment is a defense to a charge of attempted criminal activity. Also called "Renunciation".
Impossibility
A defense to a charge of attempted criminal activity that claims the defendant could not have factually or legally committed the envisioned offense even if he or she had been able to carry through the attempt to do so. Cannot kill someone if they're already dead.
Criminal Conspiracy
An agreement b/w two or more people to commit or to effect the commission of an unlawful act or to use unlawful means to accomplish an act that is not lawful.
Plurality Requirement
The logical and legal requirement that a conspiracy inolve two or more parties
Wharton's Rule
A rule applicable to conspiracy cases that holds that, when the targeted crime by its very nature takes more than one person to commit, there can be no conspiracy when no more than the number of people required to commit the offense participate in it.
Criminal Solicitation
The encouraging, requesting, or commanding of another person to commit a crime.
Parties to Crime
All those who take part in the commission of a crime, including those who aid and abet and are therefore criminally liable for the offense
Principal in the First Degree
A person whose acts directly resulted in the criminal misconduct in question
Principal in the Second Degree
A person who was present at the crime scene and who aided, abetted, counseled, or encouraged the principal
Accessory before the Fact
A person who aids and abets in preparation for crime commission, but who was not present at the crime scene
Accessory after the Fact
A person who did not participate in a crime but who furnished postcrime assistance to keep the offender from being detected from being arrested
Accessory
One who knowingly gives assistance to a person who has committed a felony for the purpose of helping that individual avoid apprehension or detection. An accessory is liable for separate, lesser offenses following a crime.
Accomplice
A person who, with intent to promote or facilitate the commission of a crime, gives assistance or encouragement to the principal. Liable as a principal before and during crime.
Complicity
Involvement in crime either as a principal or as an accomplice. The term also refers to the activities of conspirators and may therefore be taken to mean conduct that is intended to encourage or aid another person to commit a crime, to escape , or to avoid prosecution.
Accomplice Liability
The degree of criminal blameworthiness of one who aids, abets, encourages, or assists another person in the commission of a crime.
Misprision of Felony
The failure to report a known crime; the concealment of a crime.
Vicarious Liability
The criminal liability of one party for the criminal acts of another party.
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