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These flashcards cover key legal concepts related to defenses in criminal law, particularly focusing on mental health issues and their implications in legal contexts.
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Abuse excuse
A legal defense where defendants claim their crimes resulted from their own victimization, thus arguing for diminished responsibility.
Civil commitment
A separate hearing following a 'not guilty by reason of insanity' finding to determine if an individual poses a danger and should be institutionalized.
Competence to stand trial
The requirement that a defendant must have the ability to assist their attorney and understand the trial proceedings.
Diminished capacity
A defense allowing psychiatric testimony to show a defendant's mental disturbance reduces their ability to form criminal intent.
Duress
A defense where a crime is committed due to the threat of imminent death or bodily harm, not allowing for homicide defenses.
Durham product test
A standard determining that an individual is not criminally responsible if their unlawful act was a product of mental disease or defect.
Entrapment
A defense occurring when the government persuades someone to commit a crime they were not predisposed to commit.
Guilty but mentally ill (GBMI)
A verdict indicating a defendant was mentally ill but not legally insane at the crime time, leading to a standard criminal sentence.
Ignorantia legis non excusat
A Latin phrase meaning 'ignorance of the law is no excuse'; a principle of common law presuming individuals know the law.
Infancy
A defense based on age where children under 7 are exempt from criminal liability, with presumption limitations for ages 7 to 14.
Insanity defense
A legal argument asserting a defendant should not be held responsible if their mental state impaired their understanding of their actions.
Irresistible impulse test
A test that excuses defendants who could not control their conduct due to a mental disease, even if they knew their actions were wrong.
M’Naghten test
A test determining legal insanity, focusing on whether the defendant knew the nature of the act or understood it was wrong.
Mistake of fact
A defense claiming a mistaken belief negates criminal intent, such as taking an umbrella mistakenly believed to be one’s own.
Mistake of law
A defense based on a misunderstanding or ignorance of the law, with limited exceptions.
Per curiam
A Latin phrase meaning 'by the court', referring to decisions issued by an entire appellate court.
Substantial capacity test
A standard stating a person is not responsible if, due to mental disease, they lack substantial capacity to appreciate their conduct's wrongfulness.
Voluntary intoxication
Generally not a defense for criminal liability, historically considered for specific intent crimes but often disregarded in contemporary law.