KEY TERMS FOR CHAPTER 10
KEY TERMS FOR CHAPTER 10 007312
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This 3 page Study Guide was uploaded by Charlinda Hartfield on Thursday September 24, 2015. The Study Guide belongs to 007312 at University of Southern Mississippi taught by Michael McPhail in Summer 2015. Since its upload, it has received 11 views. For similar materials see Criminal Law in Criminal Justice at University of Southern Mississippi.
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Date Created: 09/24/15
KEY TERMS CHAPTER 10 Affirmative defense Accused acknowledges commission of a crime while concurrently offering some justification or excuse to negate culpability Alibi Defense to establish that an accused could not have committed the crime in question because he or she was in another physical location Automatism Involuntary actions committed during a mental state of incapacity Battered woman syndrome Extreme emotional state caused by a cycle of domestic violence Blockburger test Stipulates that one criminal act can constitute two or more separate offenses only if each requires proof of an additional fact which the other does not Castle doctrine Removes the duty to retreat during home invasions when it is reasonable to believe their lives or lives of others are in immediate danger Cognition Did the accused possess substantial mental capacity to distinguish right from wrong Consent of the victim Defense that negates culpability when the victim in advance voluntarily acquiesced to nonserious bodily harm Continuing offenses Concealing assets ongoing fraud and other similar crimes Criminal Lunatics Acts of 1800 Legislation that created the verdict quotnot guilty on account of insanity Diminished capacity Does not possess the mens rea required of an intent crime Duress Defense that argues an accused was coerced to involuntarily commit a crime Durham Rule Broadened the standard for insanity by declaring that an accused is not criminally responsible when an unlawful act was the product of mental disease or mental defect Entrapment Defense that argues that police were responsible for making an accused commit a crime that otherwise would not have been contemplated Excuse defense Mens rea associated with criminal wrongdoing is negated or mitigated because of mental incapacity Guilty but mentally ill Legal standard that negates punishment when an accused is mentally ill at the time of the offense yet not to the extent required to plead insanity Inducement Actions that present a person with an opportunity to engage in certain conduct Infancy English common law standard that absolved children of criminal responsibility Insanity defense State of mind rendering one not culpable for criminal action due to mental defect or disease Insanity Defense Reform Act of 1984 Federal insanity guideline requiring that persons suffer severe mental disease of defect and be unable to appreciate the nature and quality of wrongful acts Intoxication Refers to diminished mental capacity by way of alcohol or drugs Involuntary intoxication Unknowingly ingestion of alcohol or drugs Irresistible impulse test Declares insane individuals incapable of controlling conduct due to a mental disease or defect Justification defense Accused had a right or duty to commit what normally is a crime M Naghten Rule While laboring under a defect of reason or disease of the mind an accused did not know the nature and quality of the act or the difference between right and wron Mental defect Mental illness that could improve or worsen over time Mental disease Mental illness that could improve or worsen over time Mistake of age Defense that argues an accused was not aware of a victim s youthfulness Mistake of fact Defense that argues that an accused made an honest error Mistake of law Defense that relies on the genuine and honest belief that an accused acted in accordance with the law Necessity Defense that assumes existing conditions in nature or otherwise caused the accused to commit a criminal act as the lesser of two evils Perfect selfdefense Necessary and reasonable force used in defense of self or others Policeman at the elbow test Benchmark for assessing irresistible impulse through testing whether an accused would have committed the same offense in the presence of a police officer Predisposition Refers to past or present behavior of an accused that indicates the person was inclined to commit certain acts Premenstrual syndrome Diminished capacity defense that unsuccessfully set forth that some females are incapable of controlling their actions due to severe menstrual symptoms Retardation Delayed mental development cognitive abilities communication skills or limited comprehension of health and safety quotStand your ground laws Permits persons to defend themselves in their homes regardless of immediate danger Statute of limitations Proscribes the time frame between the commission or discovery of a crime and the validity of any subsequent arrest or indictment Substantial capacity test Person is insane when conduct resulted from mental disease or defect and accused lacked substantial capacity to appreciate its criminality or conform conduct to the requirements of the law Tolling A pause or stoppage in the time limit imposed by a statute of limitation Twinkie defense Diminished capacity defense that unsuccessfully set forth that certain persons are rendered incapable of controlling actions because of excess consumption ofjunk food Volition Did the accused possess substantial mental capacity to act in accordance with the law Voluntary intoxication Purposeful ingestion of alcohol or drugs Waiver Transferring jurisdiction of a juvenile to the adult court system XYY chromosome abnormality Diminished capacity defense that unsuccessfully set forth that some males are unable to conform to the law because of an extra Y chromosome
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