Defenses of the Mind
Not Guilt by Reason of Insanity
A voluntary, informed, and capable agreement by a person to permit an action that would otherwise be unlawful, harmful, or an infringement of their rights is known as...
Consent
Using force to stop a crime against yourself or your property
Self Defense
If you don't want to testify against yourself, you can invoke...
The 5th amendment
This is the Guilty Act of a crime - it must be voluntary.
Actus Reus
The defendant claims they were too young to be guilty.
If someone threatened you into committing a crime, it means that you are under...
Duress
If the police pressured or tricked you into committing a crime, it is most likely...
Entrapment
You cannot have a second trial for the same crime (after the original one has concluded) - this is known as...
Double Jeopardy
List a Job where a failure to act counts as committing a guilty act
Mandatory Reporter, Life Guard, Doctors
In the state of Wisconsin, you cannot chose to drink over the limit and claim that you didn't have mens rea. This is known as...
Voluntary Intoxication
The legal definition for someone who is not yet considered an adult/reached the age of maturity.
Juvenile
If the defense argues that the elements of the crime are missing, it means that they are arguing that...
No Crime occurred/Failure of Proof
If you cannot afford a lawyer, then who is required to give you one?
The State
A Parent left their Gun Case unlocked in which their kid stole a gun from and shot up a school. What Mens Rea is the Parent guilt of?
Negligence
In Wisconsin, this is what the insanity plea is called instead.
Not guilty by reason of mental disease or defect.
The idea that one does not have to retreat when an intruder is invading their home and has a right to defend themself and property.
Castle Doctrine
If you are not able to testify/defend yourself in court because you do not have the mental capacity to do so, this is known as
Defense by lack of Compentency
A student was given a speeding ticket and a court date to dispute the ticket. The court date was set 2 years after the original speeding ticket. The student could argue that he was not given...
A speedy trial
The idea that a reasonable person could have seen the outcome coming is known as....
Foreseeable
The defendant claims they did not know the law. This is known as...
Mistake of Law
This is the test to determine whether the defendant could not determine right from wrong.
M'Naghten Rule
If the harm avoided is greater than the crime committed, this would typically be classified as ____________
Necessity
A Guilty criminal cannot be tarred and feather and stuck to a gate in the middle of the desert as punishment. This is known as...
Cruel and Unusual Punishment
Cases where the state does not have to prove what you are thinking is known as...
Strict Liability Crimes (Traffic Violations, Selling Alcohol, etc.)