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Failure-of-proof theory
The 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.
A legal term for a person who is excused from criminal liability because a mental desease or defect impairs his or her mens rea.
Civil commitment
Involuntary confinement not based on criminal conviction.
Right-wrong test (M'Naghten rule)
Test used in insanity defense to determine the defendant's capacity to either know right from wrong or to know the act is against the law.
Irresistible impulse test
Tests whether the will is so impaired that it makes it impossible for the person to control the impulse to do wrong.
Substantial capacity test
Insanity due tomentaldisease or defect impairing the substantial capacity either to appreciate the wrongfulness of conduct or to conform behavior to the law.
Product-of-mental-illness test
A test to determine whether a crime was a product of mental disease or defect.
Diminished capacity
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.
Diminished responsibility
A defense of excuse in which the defendant argues, "What I did was wrong, but under the circumstances I'm less responsible."
Judicial waiver
When a juvenile court judge uses their discretion to transfer a juvenile to adult criminal court.
Defense of duress
The excuse of being forced to commit a crime.
Government actions that induce individuals to commit crimes that they otherwise wouldn't commit.
Subjective test of entrapment
Focuses on the predisposition of defendants to commit crimes.
Objective test of entrapment
Focuses on the actions that government agents take to induce individuals to commit crimes.
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.
Insanity excuses criminal liability because:
the defendant was so mentally ill he or she couldn't form criminal
intent and/or control their actions.
The right-wrong test of insanity is referred to as the ________ rule.
Under the M'Naghten test of insanity, the defendant is legally insane at the time of the crime if, because of a mental disease or defect, he did not know that what he was doing was wrong or did not know:
the nature and quality of the act.
For purposes of insanity statutes, mental diseases do not include:
psychopathic and sociopathic personalities.
The ________ test of insanity focuses on the defendant's inability to control their conduct.
irresistible impulse
The Model Penal Code's _____ test of insanity incorporates both the appreciation and control components of other tests.
substantial capacity
The Model Penal Code insanity test incorporates a volitional component that addresses a defendant's:
inability to conform his conduct to the law's requirements.
One historical measure of insanity has been the product test, also known as the _____ rule.
Durham rule
In the 1980s, the federal government and many states changed their insanity defenses after the insanity acquittal of:
John Hinckley.
After the Hinckley insanity verdict, Congress changed the burden of proof for the federal insanity defense. Since 1984 that burden of proof is on the defendant to prove insanity:
by clear and convincing evidence.
The defense of diminished capacity:
involves a claim that the defendant did not have the mens rea element because of
a mental disease or defect.
If the diminished capacity defense is utilized in an intentional murder case, the result of accepting the defense usually is:
reducing the murder to a lower degree of murder or a manslaughter.
At common law, at age _____, children were presumed to be capable of criminal intent just like adults.
At common law, there was an _____ presumption that children under seven could not form criminal intent.
In most jurisdictions, to establish the duress defense, the defendant must show that the threat of harm against him or her was:
In the majority of states, duress is not a defense for:
With regards to intoxication and criminal culpability, the recent trend has been:
against allowing voluntary intoxication as a defense.
The entrapment defense is:
an affirmative defense created by statutes.
The subjective entrapment test is available for a defendant who can show the government:
caused an otherwise reasonable and law-abiding person to commit a
The objective test of entrapment focuses on:
police excesses.
Elements of the Right-Wrong Test
(M'Naghten rule)
1. The defendant had a mental disease or defect at the time of the crime.
2. The disease or defect caused the defendant not to know either:
a. The nature an the quality of his or her actions, or
b. That what he or she was doing was wrong.
Elements of the Irresistible Impulse Test
1. At the time of the crime, was the defendant afflicted with "a disease of the mind?"
2. If so, did the defendnt know right from wrong with respect to the act charged?  If not, the law excuses the defendant.
3. If the defendant did have such knowledge, the law will still excuse her if two conditions concur:
a. If the mental disease caused the defendant to so far lose the power to choose between right and wrong and to avoid doing the alleged act that the disease destroyed his free will and
b. If the mental disease was the sole cause of the act.
The common law divided children into 3 categories for the purpose of deciding their capacity to commit crimes:
1. Under 7 Children had no criminal capacity.
2. Ages 7-14 Children were presumed to have no criminal capacity, but the presumption could be overcome.
3. Over 14 Children had the same capacity as adults.
Most states have adopted he criteria for a judicial waiver to include:
1. The seriousness of the offense
2. Whether the offense was ommitted in an aggressive, violent, premeditated, willful manner.
3. Whether the offense was against a person.
4. The amount of evidence against the juvenile.
5. The sophistication and maturity of the juvenile.
6. The prior record of the juvenile.
7. The threat the juvenile poses to public safety.
Elements of Duress
1. Threats amounting to duress.
2. Immediacy of the threats.
3. Crimes the defense applies to.
4. Degree of belief regarding the threat.
After defendants present some evidence that the government persuaded them to commit crimes they wouldn't have committed otherwise, the government can prove disposition to commit the crimes in one of the following ways:
1. Defendants' prior convictions for similar offenses.
2. Defendants' willingness to commit similar offenses.
3. Defendants' display of criminal expertise in carrying out the offense.
4. Defendants' readiness to commit the crime.
Objective test of entrapment:
Focuses on the actions that government agents take to induce individuals to commit crimes.
3 obstacles to proving the PMS defense:
1. Defendants have to prove that PMS is a disease; little medical research exists to prove that it is.
2. The defendant has to suffer from PMS; rarely do medical records document the condition.
3. The PMS has to cause the mental impairment that excuses the conduct; too much skepticism still surrounds PMS to expect ready acceptance that it excuses criminal conduct.
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