Criminal Law Exam 2

Infancy defense

Common law rule that children under age 7 lack the mental capacity to formulate criminal intent and cannot be held criminally responsible.

Rebuttable presumption (infancy)

Children ages 7–14 are presumed to lack criminal capacity, but the state may overcome this presumption with evidence of actual mental capacity.

Delinquency

Conduct by a child that would constitute a crime if committed by an adult; handled in the juvenile court system.

Insanity defense

A legal defense asserting that, due to a mental disease or defect at the time of the crime, the defendant lacked the capacity to be held criminally responsible.

M'Naghten test

The most widely used insanity test; defendant is not responsible if, due to mental defect, they couldn't understand the nature of their act (cognitive incapacity) or didn't know it was wrong (moral incapacity).

Cognitive incapacity

Under M'Naghten: the inability to understand the nature or character of one's actions at the time of the crime.

Moral incapacity

Under M'Naghten: the inability to know that one's actions were wrong at the time of the crime.

Irresistible impulse rule

An insanity standard holding that a defendant is not responsible if a mental disease prevented them from controlling their conduct, even if they knew the act was wrong (volitional incapacity).

MPC Substantial Capacity test

A defendant lacks criminal responsibility if, due to mental disease or defect, they lack substantial capacity to appreciate the criminality of their conduct OR to conform their conduct to the requirements of law. Used in ~half of states.

Guilty but mentally ill (GBMI)

A verdict finding the defendant guilty of the offense, mentally ill at the time, but NOT legally insane. Promotes treatment while maintaining accountability.

Diminished capacity

A partial defense asserting that, due to mental or emotional conditions, the defendant lacked the required mens rea. Not a complete defense; results in acquittal of the charged crime (no commitment) if successful.

Competency to stand trial

A defendant must have the capacity to understand the proceedings, consult with counsel, and assist in their defense. Distinct from insanity — focuses on state of mind at time of trial, not time of crime.

Not guilty by reason of insanity (NGRI)

Verdict entered when defendant is found legally insane; typically results in mandatory commitment to a mental institution rather than prison.

Assault

An intentional act that puts another person in reasonable apprehension of imminent harmful or offensive contact. No physical contact is required — only the creation of reasonable fear.

Battery

The intentional infliction of harmful or offensive contact with another person without consent. Actual contact is required.

Aggravated assault

An assault made more serious by the use of a firearm or the intent to commit a felony.

Aggravated battery

A battery that causes serious bodily injury or is committed with a deadly weapon.

Harmful or offensive contact

Touching that is likely to cause harm or that offends a reasonable person by violating prevailing social standards of acceptable touching. Judged by an objective standard.

Voluntary participant rule

In contact sports, players consent to force within the rules of the game. Conduct that exceeds those rules may result in criminal charges.

Mayhem

The unlawful and violent deprivation of the victim's full use of a functional body part (e.g., hand, arm, eye), making them less able to defend themselves.

Malicious disfigurement

Willful and permanent disfigurement of another person with intent to cripple or mutilate.

False imprisonment

The unlawful restraint of another person's liberty or freedom of movement, intentionally and without consent, with no lawful authority. Victim need not be moved.

Kidnapping

Unlawfully removing another person from their place of residence or a substantial distance from where they are found. Requires movement of the victim.

Hostage taking

Using or threatening force to restrain a person with intent to use them as a hostage to compel another to act. Unlike kidnapping, movement of the victim is NOT required.

Parental kidnapping / child snatching

The abduction of a child by one parent without the consent of the other parent, often for retaliation, bargaining leverage, or to force reconciliation.

Perfect self-defense

A homicide where the killer both subjectively and objectively reasonably believed their conduct was necessary. Results in justifiable or excusable homicide — no criminal liability.

Imperfect self-defense

Defendant had an honest but unreasonable belief that force was necessary. Does not fully justify the killing but may reduce a murder charge to manslaughter.

Homicide

The killing of one human being by another. Not all homicide is criminal — it may be justifiable, excusable, or felonious.

Justifiable homicide

An intentional killing committed under necessity or duty with no evil intent and no fault — includes state executions, police killings in the line of duty, and valid self-defense.

Excusable homicide

A killing by misadventure or self-defense where some civil fault exists on the part of the killer, but the degree of fault is insufficient to constitute a crime.

Felonious (criminal) homicide

An unlawful killing committed knowingly, recklessly, or negligently. Encompasses murder, manslaughter, and negligent homicide.

Malice aforethought

The mental state required for murder — an intention to kill or cause serious harm that existed at the time of the act. Implies ill will, hatred, or malevolence.

Depraved-heart murder

Murder resulting from conduct showing wanton disregard for human life when there is a high probability the conduct will cause death. No specific intent to kill is required.

Felony murder rule

If a death occurs during the commission or attempted commission of a felony, the defendant may be convicted of murder even if the death was unintended. Generally limited to violent felonies.

Premeditation

The mental determination to unlawfully kill another person after planning or reflection. Even a momentary decision before the killing can satisfy premeditation for first-degree murder.

Voluntary manslaughter

An intentional killing without premeditation or malice, committed in the heat of passion following adequate provocation and without opportunity to cool off.

Involuntary manslaughter

Negligently or recklessly causing the unintended death of another person. Often charged when extreme negligence or wanton conduct brings about an accidental death.

Heat of passion

An emotional state of extreme anger or rage caused by adequate provocation, with no opportunity to cool off, that can reduce a killing from murder to voluntary manslaughter.

Corpus delicti

Latin for "body of the crime" — the principle that the prosecution must prove the crime actually occurred. In "no body" homicide cases, can be established through circumstantial evidence and corroborated confessions.

Transferred intent

When a defendant intends to harm person A but accidentally harms person B instead, the law transfers the intent to the actual victim. Culpability remains the same.

Deadly weapon doctrine

Use of a deadly weapon during a killing creates an inference of the user's intent to kill or cause serious harm, which can help prove malice aforethought.

Terrorism (federal definition)

Violent acts that would be crimes in the US, intended to: coerce a civilian population; influence government by intimidation; or affect government by mass destruction, assassination, or kidnapping (18 USC §2331).

Material support

Providing financial support, lodging, training, safe houses, false documents, weapons, explosives, transportation, or personnel to a designated foreign terrorist organization — a federal crime under the PATRIOT Act.

Treason

The only crime defined in the US Constitution. Consists of levying war against the US or giving enemies aid and comfort. Requires two witnesses to the same overt act, or a confession in open court.

Sedition

The crime of advocating the forceful overthrow of the established government through speech, distribution, or teaching. Criminalized by the Smith Act (18 USC §2385).

Seditious conspiracy

A crime under 18 USC §2384 — conspiring with another person to destroy by force the government of the United States.

Sabotage

The crime of damaging or injuring national defense material or utilities with the intent to interfere with national defense (18 USC §2155).

Terroristic threats

Creating a state of extreme fear, dread, or fright in another. Most state statutes require proof the defendant threatened violence with the purpose of terrorizing another person.

National Counterterrorism Center (NCTC)

Created in 2004 as a clearinghouse for international terrorism intelligence and information to coordinate government counterterrorism efforts.

USA PATRIOT Act (18 USC §2239)

Federal law making it a crime to provide "material support or resources" to a designated foreign terrorist organization.