Defenses
Vicarious Liability
Incohate Crimes
Mens Rea/Actus Reus
Random
100
Defendants offer the insanity defense less than ___% in all felony cases.
What is 1%
100
What are the two parties to criminal complicity?
What is accomplices and accessories
100
focus on dangerous conduct; they look at what remains for actors to do before they hurt society by completing the crime
What is dangerous proximity tests
100
fault that requires a "bad mind" in the actor
What is subjective fault
100
when a defendant fails in the full defense but is found guilty of a lesser offense
What is imperfect defenses
200
What year did the case Regina v McNaughtan happen?
What is 1843
200
Most vicarious liability involves what kind of relationships?
What is business relationships.
200
The MPC's two steps for attempt actus reus includes
What is substantial tests toward completing the crime and steps that strongly corroborate the actor's criminal purpose.
200
liability without either subjective fault or objective fault
What is strict liability
200
the crime of trying to get someone else to commit a crime
What is solicitation
300
What two times is it critical to prove a person was insane in relation to a crime?
What is when the crime was committed and when the defendant is charged and tried.
300
A doctrine in tort law that makes a master liable for the wrong or a servant, or in modern terms, an employer may be liable for the wrong of an employee.
What is respondeat superior
300
Occurs when actors intend to commit a crime and try but its physically impossible because of some fact or circumstance unknown to them
What is factual impossibility
300
the mental state of awareness in conduct crimes and in, result crimes awareness that its practically certain that the conduce will cause a bad result
What is knowingly
300
unconscious bodily movements
What is automatism
400
We can't blame or deter people who, because of a mental disease or defect know, that what they are doing is wrong but cannot control their actions to meet this knowledge.
What is irresistible impulse test
400
statutes based on parent's act and omissions
What is parental responsibility statutes
400
a "stroke of luck" - a circumstance beyond the attempter's control.
What is extraneous factor
400
an event that comes between the initial act in a sequence and the end result
What is intervening cause
400
participants before and during the commission of crimes
What is accomplices
500
According to professor George Fletcher, the defense intoxication is "buffered between two conflicting principles"
What is accountability and culpability
500
the crime of conspiracy and the crime the conspirators agree to commit are separate offenses.
What is the Pinkerton rule
500
the agreement of an act that furthers the agreement in conspiracy.
What is overt act requirement.
500
mistake defenses in which defendant usually present enough evidence to raise a reasonable doubt that the prosecution had proved the mens era required for criminal liability
What is failure-of-proof defenses
500
defendants have to prove their justification of excuse defenses by a preponderance of evidence
What is burden of persuasion
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