Crimlaw Flashcards
based on the belief that people do not willfully engage in acts they are compelled or coerced to perform
duress
voluntary ingestion , injection, or taking by any means of any intoxication
voluntary intoxication
intoxication that is not willfull
involuntary intoxication
misinterpertation, misunderstanding, or forgetfullness of a fact relating to the situation at hand
mistake of fact
lack of knowledge of some fact relating to the situation at hand
ignorance of fact
a misunderstanding or misinterpretation of the law relevant to the situation at hand
mistake of law
a lack of knowledge of the law or of the existance of a law relevant to the situation at hand
ignorance of the law
the failure to excersice ordinary care to aquire knowledge of the law or of facts that may result in criminal liability
culpable ignorance
the claim that certain individuals should not be held criminally responsible for their activities by virtue of their youth
infancy defense (immaturity defense)
a child who violates the criminal law or who committs a status offense
juvenille offender
an improper or illegal inducement to crime by enforcement agents
entrapment
complex of signs and symptoms presenting a clinical picture of a disease or disorder
syndrome
a defense predicated on, or substantially enhanced by, the acceptability of syndrome related claims
syndrome based defense
what is BWS ?
battered womens syndrome
if a person at the time of trial has sufficient present ability to consult with his or her lawyer with a reasonable degree of understanding and a rationale as well as a factual understanding of the proceedings
they are competent to stand trial
as a result of a mental illness, defect or disability, a defendant is unable to understand the nature and object of the proceedings or to assist in the defendants defense
incompetent to stand trial
a social and legal term rather than a medical term, a condition which renders the affected person unfit to enjoy liberty of action because of the unreliability of his behavior with concomitabt danger to himself and others
isanity
a rule for determining insanity that asks whether the defendant knew what he or she was doing or whether the defendant knew that what he or she was doing was wrong
M’Naughten rule
a test for insanity that evaluates defense claims that at the time the crime was committed, a mental disease or disorder prevented the defendant from controlling his or her behavior in keeping with the requirements of the law
irresistable impulse test
