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24 Cards in this Set
- Front
- Back
failure-of-proof theory (defense)
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defendant disproves the prosecution’s case by showing he or she couldn’t have formed the state of mind required to prove the mental element of the crime.
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civil commitment
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involuntary confinement not based on criminal conviction.
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defense of duress
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excuse of being forced to commit a crime.
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diminished capacity
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mental capacity less than “normal” but more than “insane”; an attempt to prove that the defendant incapable of the requisite intent of the crime charged is innocent of that crime but may well be guilty of a lesser one.
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diminished responsibility
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a defense of excuse in which the defendant argues “What I did was wrong, but under the circumstances I’m less responsible.”
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M’Naghten rule
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see right-wrong test.
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right-wrong test (M’Naghten rule, in insanity defense, for mental disease or mental defect)
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an insanity defense focus on whether a mental disease or defect impaired the defendants’ reason so that they couldn’t tell the difference between right and wrong.
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Durham rule (or product test of insanity)
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an insanity test to determine whether a crime was a product of mental disease or defect.
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product test (Durham rule)
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an insanity test to determine whether a crime was a product of mental disease or defect.
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irresistible impulse test
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tests whether the will is so impaired that it makes it impossible for the person to control the impulse to do wrong.
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product-of-mental-illness test
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a test to determine whether a crime was a product of mental disease or defect.
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substantial capacity test
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insanity due to mental disease or defect impairing the substantial capacity either to appreciate the wrongfulness of conduct or to conform behavior to the law.
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volitional incapacity (irresistible impulse test)
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test to determine impairment of the will that makes it impossible to control the impulse to do wrong.
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entrapment
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government actions that induce individuals to commit crimes that they otherwise wouldn’t commit.
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insanity
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legal term for a person who is excused from criminal liability because a mental disease or defect impairs his mens rea.
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judicial waiver
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when a juvenile court judge uses her discretion to transfer a juvenile to adult criminal court.
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mental disease
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disease of the mind, not the equivalent of insanity.
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objective test of entrapment
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focuses on the actions that government agents take to induce individuals to commit crimes.
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reason
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the intellectual element in criminal conduct.
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reason (in insanity defense)
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the mental capacity to distinguish right from wrong.
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subjective test of entrapment
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focuses on the predisposition of defendants to commit crimes.
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syndrome
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novel defenses of excuse based on symptoms of conditions such as being a Vietnam vet suffering from post-traumatic stress disorder or having premenstrual symptoms.
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two-stage (bifurcated) trial
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one phase of a trial to determine guilt, the other to determine the punishment.
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will
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free choice or decision.
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