CJ 2010 Test #2

Trial by ordeal

A test used to determine criminal responsibility in ancient England involving subjecting the individual to a torturous ordeal. These ordeals were essentially appeals to God; surviving the ordeal was viewed as God’s judgment of innocence

Preponderance of evidence 

The greater weight of the evidence, though not necessarily the amount needed to remove every reasonable doubt. It is proof sufficient to incline a reasonable person toward one side of an issue rather than the other.

Infant (child)

Under the civil law, a person who has not yet reached the age of majority, whether that age is 18, 19, 20, or 21, as determined by the law of each jurisdiction.

Insanity test

Tests to determine legal and moral liability.

“Right and wrong” test

An insanity test that claims that defendants are not legally responsible for their acts if, due to a defect of the mind, at the time of the crime they were unable to understand the difference between right and wrong.

M’Naghten rule 

The insanity defense rule requiring proof that because of mental disease or defect defendants did not know the scope or character of their actions.

“Substantial capacity” test

A test to determine criminal responsibility based on whether the defendant could (1) distinguish between right and wrong or (2) conform his or her conduct to the requirements of law.

Guilty but mentally ill

A defendant may be found guilty but mentally ill if all the following are found beyond a reasonable doubt: (1) defendant is guilty of the offense; (2) defendant was mentally ill at the time the offense was committed; and (3) defendant was not legally insane at the time the offense was committed.

Diminished capacity defense 

A defense for criminal responsibility based on the fact that because of mental or emotional conditions, the defendant did not possess the required mens rea for conviction of crime charged.

Competency to stand trial

Defendants must have the ability to cooperate with their attorneys and the ability to understand the charges and proceedings against them.

Criminal liability of corporations

The rules for making corporations liable for actions taken by officers, directors, or employees. Corporations can be vicariously criminally liable for actions of their agents if the offense is minor, a duty is specifically assigned to a corporation, a statute explicitly creates vicarious criminal liability, or the person committing the crime is acting in the interest of the corporation and is a high managerial agent.

Self-defense 

The elements to evaluate whether an act of force for self-defense is justified include the unlawfulness of the other’s action, the necessity to defend oneself immediately, and the reasonableness of the act of self-defense under the circumstances.

Defense of another

The elements to evaluate whether an act of force for defense of another is justified include the unlawfulness of the action toward the other, the necessity to defend the other immediately, and the reasonableness of the act of defense under the circumstances.

Good samaritan laws

Laws that encourage people to come to the aid of another or to defend another against unlawful force or interference.

Deadly force 

Force that is likely to cause or is capable of causing death or serious bodily injury.

“Stand your ground” laws

Recent laws passed in many states that permit using deadly force in response to an unlawful attack, in contrast to the traditional “duty to retreat” policy.

“Castle” doctrine

The doctrine permitting people who have been assaulted in their homes by a trespasser to stand their ground and use such force as is necessary and reasonable to defend themselves.

“Make my day” rules 

Rules adopted by some states that put no limits on the use of deadly force by the occupant of a dwelling in response to a trespasser.

Battered woman defense

Evidence of past abuse offered by women charged with violence against their abusers to show its psychological effects as part of their claim of self-defense.

Unreasonable seizure

A seizure made by a government officer that is unreasonable under the circumstances and thus violates the Fourth Amendment.

In loco parenits 

Any person taking the place of the parents has the duties and responsibilities of the parents and may reasonably discipline a child in his or her care. This category includes legal guardians, foster parents, and public schoolteachers

Corpus delicti

In all criminal cases, the government must prove that the crime charged was committed (corpus delicti) and that the defendant was party to the crime (committed the crime or was an accomplice).

Affirmative defense

A defense to a criminal charge in which the defendant generally admits doing the criminal act but claims an affirmative defense such as duress (he or she was forced) or entrapment.

Immunity 

An exemption from criminal prosecution based on the U.S. Constitution, statutes, or international agreements.

Transactional immunity

Total or full immunity for the criminal offense to which compelled testimony relates.

Use immunity

Prohibits prosecutorial authorities from using compelled testimony in a criminal prosecution, but does not make the witness totally immune from prosecution based on evidence other than the witness’s testimony and not derived from that testimony.

Mistake of law 

A claim by a defendant that the defendant did not know the action taken violated the criminal law.

Duress

A defense to criminal prosecution on the grounds that the defendant was forced to commit the criminal act.

Coercion

A person who forces (coerces) another to commit a crime can be charged and convicted of the crime committed in addition to other offenses.

Necessity 

A defense to criminal prosecution on the grounds that the harm to be avoided outweighed the harm caused by the crime committed. Necessity will not justify taking another person’s life.

Alibi

A defense to criminal prosecution on the grounds that the defendant physically could not have committed the crime because at the time the crime was committed, he or she was at another place.

Entrapment

The defense that a law enforcement officer used excessive temptation or urging to wrongfully induce the defendants to commit a crime they would not have ordinarily committed.

Double jeopardy 

A defense, stated in the Fifth Amendment, to prosecution on the grounds that the defendant has been tried before on the same charge, and acquitted.

“Dual sovereignty” Doctrine

A doctrine that different governments may each file separate criminal actions for the same criminal act.

Statues of limitations

A defense to a criminal prosecution based on a statute that sets the maximum time the government has to prosecute a violation of a criminal law.