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Definition
| 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 |
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| 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 be held accountable under the criminal law |
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| (justifications and excuses) this is to answer to a criminal charge in which a defendant takes the offensive and responses to the allegations with his or her own assertions based on legal principles; must be raised and supported by the defense |
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| includes; necessity, self-defense, defense of others, defense of home and property, resisting unlawful arrest, and consent |
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Definition
| a defense to a criminal charge that claims that it was necessary to commit some unlawful act in order to prevent or avoid a greater harm |
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| 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 natural response to threatening situations. |
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| a person who acted with common sense and who has the mental capacity of an average, normal, sensible human being. the reasonable person criterion requires that the assumption and ideas on which a defendant acted must have been reasonable in that circumstances as they appeared to the defendant would have created the same beliefs in the mind of an ordinary person |
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| a form of imminent danger that is said to exist when the conduct or activity of an attacker makes the threat of danger obvious |
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| a degree of force that is appropriate in a given situation and is not excessive; the minimum degree of force necessary |
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| a force likely to cause death or great bodily harm |
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a rule in many jurisdictions tat requires that a person being attacked retreat in order to avoid the necessity of using force against the attacker as long as the person being attacked can do it in a safe manner
NOT NC |
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Definition
| a claim of self-defense that meets all of the generally accepted legal condition for such a claim to be valid |
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| rule of law that in come jurisdictions holds that a person can only defend a third party under circumstance and only to the degree that the third party could act on his or her own behalf |
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Definition
| exception to the retreat rule that recognizes a person's fundamental right to be in his or her own home and also recognizes the home as a final and inviolable place of retreat. |
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| Execution of public duty defense |
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Definition
| a defense to a criminal charge such as assault that is often codified and that precludes the possibility of police officers and others public employees from being prosecuted when lawfully exercising their authority |
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| Not a law since Supreme court ruled on it in the Case Tennessee v. Garner. but it permitted officers to shoot a suspected felon who attempted to flee from a lawful arrest |
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a justification offered as a defense to a criminal charge
1) agreed to sustain the injury
2) accepted the possibility of injury before the activity was undertaken |
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| A verbal expressed willingness to engage in a specified activity |
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| A condition under which one is forced to act against one's will, Also called "compulsion" |
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| Willful intoxication. intoxication that resulted from personal choice; voluntary ingestion, injection, etc. |
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Definition
| intoxication that is not willful |
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| misinterpretation, misunderstanding, or forgetfulness of the fact relating to the situation at hand; belief in the existence of a thing or condition that does not exist |
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| lack of knowledge of some fact relating to the situation at hand |
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| a misunderstanding or misinterpretation of the law relevant to the situation at hand |
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Definition
| a lack of knowledge of the law or of the existence of a law relent to the situation at hand |
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Definition
| the failure to exercise ordinary care to acquire knowledge of the law or of face that my result in criminal liability |
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Definition
| a defense that claims that certain individuals should not be held criminal responsible for their activities by virtue of their age ( also called immaturity defense) |
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Definition
| A child who violates the criminal law or who commits a status offense. most jurisdiction don't impose full criminal culpability on people under 18, but now a number of states have set the age of responsibility at the age of 16 or 17 |
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Definition
| an imprper or illegal inducement to crime by enforcement agents. also a defense that may be raised when such inducement occur |
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| Outrageous government conduct |
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Definition
| 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 |
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Definition
| a complex of signs and symptoms presenting a clinical picture of a disease or disorder |
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Definition
| a defense predicated on, or substantial enhanced by, the acceptability of syndrome-related claims |
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Term
| Battered Woman's syndrome (BWS) |
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Definition
| a condition characterized by a history of repetitive spousal abuse and "learned helplessness" |
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Definition
| the mistaken belief that if we identify a cause for conduct, including mental or physical disorders, then conduct is necessarily excused |
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Definition
| a finding by a court that the defendant has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding and that the defendant has a rational as well as factual understanding of the proceeding against him or her |
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Term
| Incompetent to stand trial |
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Definition
| a finding in a court that as a result of mental illness, defects or disability- a defendant is unable to understand the nature and object of the proceeding against him or her or is unable to asset in the preparation of his or her own defense |
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| Not Guilty by reason of insanity (NGRI) |
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Definition
| A plea or verdict that says the defendant is not guilty of the crime because they did not have the mental capacity at the time of the crime to be held criminally responsible |
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Definition
| An affirmative defense that refers to a condition which renders the affected person unfit to enjoy liberty of action because of the unreliability of his behavior with concomitant dander to himself or others |
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Definition
| Diagnostic and Statistical Manual of Mental Disorders - lists the 12 major categories of mental disorders |
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Definition
| a rule for determining insanity that ask whether the defendant knew what he or she was doing or if they knew that it was wrong |
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Term
| Insanity defense reform act (IDRA) |
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Definition
This made insanity an affirmative defense to be proven by the defense by clear and convincing evidence and created by a special verdict of not guilty by reason of insanity
(part of the 1984 crime control and prevention act that mandated a comprehensive overhaul or insanity defense in the federal system) |
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Term
| Irresistible impulse test |
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Definition
| a test for insanity that evaluated defense claims that at the time the crime was committed a mental disease or disorder prevented the defendant from keeping within the requirements of the law |
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Definition
| a rule for determining insanity that holds that an accused is not criminally responsible if the unlawful act was product of mental disease or mental defect |
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Term
| substantial capacity test |
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Definition
| A test developed by the american law institute and embodied in the model penal code that holds that a person is not responsible for a crime if a the time the conduct resulted from mental disease or defect |
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Term
| Guilty but mentally ill (GBMI) |
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Definition
| a verdict equivalent to a finding of guilty, that establishes that even though the person was mentally ill, he or she was sufficiently in possession of his or her faculties to be morally blameworthy of their acts |
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Definition
| a defense based on claims of the mental condition that my be insufficient to exonerate a defendant of guilt but that may be relevant to specific mental elements of certain crimes or degrees of crime |
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Term
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Definition
| a death that is caused by unexpected or unintended means |
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Term
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Definition
| a death that is the result of a purposeful human act lawfully undertaken in the reasonable belief that no harm would result |
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Definition
| the killing of a human being by the act, procurement, or omission of another human being |
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Term
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Definition
1) homicide that is permitted under the law
2)a killing justified for the good of the society
3)the killing of another in self-defense when danger of death or serious bodily harm exist
4) the killing of a person according to one's duty or out of necessity but without blame |
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Definition
| the killing conducted in a manner that the criminal law does to prohibit. Also a killing that may involve some fault but is not criminal homicide |
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Definition
| The Purpose, knowing, reckless, or negligent killing of one human being by another. maybe classified as ; murder, manslaughter, or negligent homicide |
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Term
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Definition
| the unlawful killing of a human being, carried out with malice or planned in advance |
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Term
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Definition
| the unlawful killing of a human being without malice. (premeditation is lacking) |
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Definition
| the Killing of a human being by criminal negligence or by the failure to exe rice reasonable prudent care |
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Term
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Definition
consist of two things;
1) the death of a human being
2) the fact that the death was caused by the criminal act or agency of another person |
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Term
| Uniform determination of Death Act (UDDA) |
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Definition
| a standard that provides that a person who has sustained either 1) irreversible cessation of circulatory or respiratory functions or 2) irreversible cessation of all functions of the entire brain, is dead |
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Term
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Definition
| a common law requirement that says homicide prosecution would not take place if the victim did not die within a year and a day from the fatal act |
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Definition
voluntary conscious conduct
(must have this, an omission to act, or criminal negligence for a criminal homicide to occur) |
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Term
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Definition
| a willful deliberate and premeditated unlawful killing |
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Term
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Definition
| the act of deliberating, meditating on, or planning a course of action such as a crime |
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Definition
depending on the jurisdiction either
1) a murder committed during the perpetration or attempted perpetration of an enumerated felony such as arson, rape, robbery, or burglary.
2) any murder not classified by statute of first-degree murder |
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Term
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Definition
| a legal term that refers to the intentional doing of a wrongful act without just cause or legal excuse (an intention to kill) |
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Term
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Definition
| a unjustifiable, inexcusable, and unmitigated person- endangering state of mind |
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Definition
1) unjustifiable conduct that is extremely negligent and results in the death of a human being
2) the killing of a human being with extreme atrocity |
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Definition
| murder for which the death penalty is authorized by the law |
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Definition
| murder that was planned in advance and willfully carried out |
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Definition
| murder plus one or more aggravating factors as specified by law |
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Definition
| a Rule that establishes murder liability of a defendant if another person dies during the commission of a certain felonies |
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Term
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Definition
| a legal term used to describe an act or course of behavior that by is nature is likely to result in death or serious bodily harm to either person involved or someone else |
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Definition
| an unlawful killing of a human being without malice that is done intentionally during a sudden quarrel or in the heat of passion |
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Term
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Definition
| provocation that would cause a reasonable person to lose self control |
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Term
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Definition
| in cases of involuntary manslaughter, a cause that would commonly produce a degree of anger, rage, or terror in a person of ordinary temper, sufficient to render the mind of the defendant incapable of objective reflection |
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Term
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Definition
| In the case of voluntary manslaughter, passion directly caused by and rising out of provocation by the victim or of another acting with the victim. (passion must rise at the time of the killing and not a result of former provocation) |
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Term
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Definition
an unintentional killing for which criminal liability is imposed but that does not constitute murder
-also a unintentional killing during the commission of a lesser unlawful act. |
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Term
| Criminally negligent homicide |
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Definition
| homicide that results from criminal negligence |
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Definition
| the conscious disregard of one's duties, resulting in injury or damage to another |
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Definition
| the want of ordinary care or negligence that could have been avoided if one had exercised ordinary, reasonable, or proper care |
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Definition
| the killing of a human being as a result of another person's operation of a motor vehicle in a reckless manner likely to cause death or great bodily harm |
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Definition
| Oral or anal copulation between people of the same or different gender or between a human and a animal |
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Definition
| attempted or threatened battery. a willful attempt to willful threat to inflict injury on another person |
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Definition
1)unlawful physical violence inflicted on another without his or her consent
2) an intentional and offensive touching or wrongful physical contact with another without consent that results in come injury to offends or cause discomfort |
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Definition
| is a battery that causes great bodily harm or disfigurement |
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Definition
| term used in assault states; requiring that defendant is physically capable of carrying out the attempted act or has a method to do so |
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Definition
| an assault that is committed with the intention of committing an additional crime ( assault with intent to murder, commit a felony, rape, etc.) |
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Definition
| the intentional frightening of another through following, harassing, annoying, tormenting, or tormenting activities |
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Definition
| a touching that is inferred or implied from prevailing circumstances, also touching for purpose of the law |
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Definition
| the unlawful touching of a intimate part of another person against that person's will and for the purpose of sexual arousal, gratification, or abuse. |
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| consent obtained in a legal matter |
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Definition
| a battery that is committed with the use of a deadly weapon that is committed with the intention of committing another crime or that results in serious injury |
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Definition
| a gender-neutral term applied today to various sex offenses like rape, sodomy, sexual conduct with kids, etc. |
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| Deviate sexual intercourse |
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Definition
| any contact between any part of the genitals of one person and the mouth or anus of another |
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Definition
| rape that is accomplished against a persons will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury |
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Definition
| sexual intercourse whether consensual or not with a person under the age of consent |
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| a statute intended to protect victims by limiting the use of the victim's sexual history in the defense. |
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Definition
| the worth of any evidence to prove or disprove the facts at issue |
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Definition
| a statutory crime that combines all sexual offense into one offense |
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Definition
| oral stimulation of the penis |
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Definition
| any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person |
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Definition
| the unlawful removal of a person from the place where he or she is found, against that person's will and though the use of force, fraud, threats, or other forms of intimidating |
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Definition
| the unlawful restraint of another person's liberty. Also the unlawful detention of a person without his or her consent |
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Definition
| when the defendant claims to not have been present at the location of the crime |
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Definition
no longer allowed police to shoot fleeing felons.
police shot teen that jumped a fence because they though he just committed a felony |
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Definition
| (a Guilty mind) the specific mental state of a defendant at the time of the crime |
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