Chapter 9 terms Flashcards
(19 cards)
criminal defense that claims a lack of criminal responsibility based on past abuse or experiences
abuse excuse
a procedure for detaining psychologically troubled individuals who pose a danger to society
civil commitment
a defendant is competent to stand trial if he or she is able to intelligently assist his or her attorney and to follow and understand the trial
competence to stand trial
mental disease or defect admissible to demonstrate defendant’s inability to form a criminal intent, typically limited to murder
diminished capacity
a crime is excused when committed to avoid what is reasonably believed to be the imminent infliction of serious physical harm or death
duress
a defendant’s unlawful act is the product of a mental disease or defect
Durham product test
defense based on governmental inducement of an otherwise innocent defendant to commit a defense (subjective test) or based on governmental conduct that falls below accepted standards and would cause an innocent individual to commit a criminal offense (objective test)
entrapment
defenses in which defendants admit wrongful conduct while claiming a lack of legal responsibility based on a lack of a criminal intent or the involuntary nature of their acts
excuses
the defendant found to be guilty and mentally ill at the time of the criminal offense. The defendant is provided with psychiatric care while incarcerated. This is distinguished from a verdict of not guilty by reason of insanity (NGRI)
guilty but mentally ill (GBMI)
ignorance of the law is no excuse
ignorantia lexis non excusat
at common law there was an irrebuttable presumption that children younger than seven lack criminal intent.
infancy
a legal excuse based on a mental disease or defect
insanity defense
a defense to criminal offenses where the defendant meets the standard for mental illness in the state
involuntary intoxication
mental disease that causes the defendant to lose the ability to choose between right and wrong and avoid engaging in criminal acts
irresistible impulse test
defense based on mistake of fact that negates a specific criiminal intent, knowledge, is not a defense
mistake of fact
an error of law, with isolated exceptions, is not a defense
mistake of law
a disease or defect of the mind that results in an individual’s either not knowing what he or she was doing was right or wrong or not knowing what he or she was doing
M’Naghten test
a person is not responsible for criminal conduct, if, at the time of such conduct, as a result of mental disease or defect, the person lacks substantial capacity either to appreciate the criminality (wrongfulness) of his or her conduct or to conform his or her conduct to the requirements of law
substantial capacity test
defendant not helf liable for an offense involving “knowledge or purpose”. Increasingly not recognized as a defense.
voluntary intoxication
