Chapter 5
justifications and excuses are _____
affirmative defenses
diminished capacity is a ______ defense
failure-of-proof
complicity establishes:
when you can be criminally liable for someone else's conduct
criminal attempts means:
trying to commit crimes but failing to complete them
three elements of criminal homicide are:
actus reus, mens rea, and special mitigating and aggravating circumstances
self defense consists of ___ elements
4
waivers to adult court come in 3 varieties -- what are they:
judicial, prosecutorial, and legislative
vicarious liability establishes:
when a party can be criminally liable because of a relationship
criminal conspiracy means:
making agreements to commit crimes
murder defines:
killing a person with "malice aforethought"
the right to use force to defend your home is rooted in
common law idea that "a mans home is his castle"
there are 4 elements in the defense of duress -- what are they:
nature of the threat, immediacy of the threats, crimes the defense applies too, and level of belief regarding the threat
True
criminal solicitation means:
trying to get someone else to commit a crime
manslaughter defines:
killing a person without malice aforethought
the choice of evils defense justifies
the choice to commit a lesser crime to avoid the harm of a greater crime
the subjective test of entrapment focuses on:
the predisposition of defendants to commit crimes.
(T/F): participation after crimes are committed is prosecuted as a separate, minor offense
True
criminal attempts, criminal conspiracy, and criminal solicitation all refer too ___ offenses
inchoate
malice aforethought defines:
the mental state of intentional killing
the defense of consent is based on the idea that...
competent adults voluntarily consented to crimes against themselves and knew what they were consenting to
in the subjective test of entrapment, the defense has to prove:
the government pressured the defendants to commit crimes they wouldn't have committed without the pressure.
vicarious liability transfer the ___ and ___ from one person to another person
actus reus and mens rea
the RICO act imposes enhanced penalties for:
(T/F): all murders are homicides. but not all homicides are murders
True