Chapter 9 terms

Question 1

criminal defense that claims a lack of criminal responsibility based on past abuse or experiences

Answer 1

abuse excuse

Question 2

a procedure for detaining psychologically troubled individuals who pose a danger to society

Answer 2

civil commitment

Question 3

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

Answer 3

competence to stand trial

Question 4

mental disease or defect admissible to demonstrate defendant’s inability to form a criminal intent, typically limited to murder

Answer 4

diminished capacity

Question 5

a crime is excused when committed to avoid what is reasonably believed to be the imminent infliction of serious physical harm or death

Answer 5

duress

Question 6

a defendant’s unlawful act is the product of a mental disease or defect

Answer 6

Durham product test

Question 7

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)

Answer 7

entrapment

Question 8

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

Answer 8

excuses

Question 9

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)

Answer 9

guilty but mentally ill (GBMI)

Question 10

ignorance of the law is no excuse

Answer 10

ignorantia lexis non excusat

Question 11

at common law there was an irrebuttable presumption that children younger than seven lack criminal intent.

Answer 11

infancy

Question 12

a legal excuse based on a mental disease or defect

Answer 12

insanity defense

Question 13

a defense to criminal offenses where the defendant meets the standard for mental illness in the state

Answer 13

involuntary intoxication

Question 14

mental disease that causes the defendant to lose the ability to choose between right and wrong and avoid engaging in criminal acts

Answer 14

irresistible impulse test

Question 15

defense based on mistake of fact that negates a specific criiminal intent, knowledge, is not a defense

Answer 15

mistake of fact

Question 16

an error of law, with isolated exceptions, is not a defense

Answer 16

mistake of law

Question 17

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

Answer 17

M’Naghten test

Question 18

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

Answer 18

substantial capacity test

Question 19

defendant not helf liable for an offense involving “knowledge or purpose”. Increasingly not recognized as a defense.

Answer 19

voluntary intoxication