Chap. 5
A defense in which the defendant admits the act but claims that, under the circumstances, they aren’t legally responsible is called what?
An excuse.
The defense of diminished capacity does what?
involves a claim that the defendant did not have the mens rea for the crime charged because of a mental disease or defect.
Accessory to a crime is a separate offense, usually a what ?
misdemeanor
Physical proximity tests of the actus reus of attempt focus on what..?
how close the defendant gets to committing the crime.
An offense which is punishable by one year or more in a state prison is called a what..?
felony
When can a person use deadly force against an attacker whom they reasonably believe is going to cause them an injury less than death?
When they feel threatened with serious bodily injured.
The entrapment defense arose primarily in response to police excesses in enforcing what laws?
consensual crime
An agreement to commit a crime is a what
conspiracy
Stabbing an already dead victim is an example of what?
Private wrongs for which you can sue the party who wronged you and recover money are known as what?
torts
At the heart of the choice-of-evils defense is the necessity to prevent what kind of danger?
Imminent danger.
What does the objective test of entrapment focus on?
The actions of police.
Criminal liability of corporations is a form of what kind of liability?
vicarious
The rationale for attempt crimes focuses on what two types of danger?
dangerous conduct and dangerous people
The void-for-overbreadth doctrine invalidates laws that have what effect on protected expression?
an unacceptable chilling effect
Evidence that doesn’t amount to a perfect defense might amount to an imperfect defense; that is, defendants are what?
guilty of lesser offenses.
Under the M’Naghten test of insanity, the defendant is legally insane at the time of the crime if, because of a mental disease or defect, he did not know that what he was doing was wrong or did not know what?
The nature and quality of the act.
Liability based on ownership or operation of a business may be specifically imposed by what?
statute
To be a defense to attempt, the abandonment of the attempt must be what?
voluntary
Legal duties can arise from what?
In many jurisdictions, affirmative defenses typically have to be proven by the defendant_____?
by a preponderance of the evidence.
What is another name for the product test?
the Durham rule.
Modern accessory-after-the-fact statutes typically have how many mens rea elements?
two
What has occurred when actors intend to commit crimes, and do everything they can to carry out their criminal intent, but the criminal law doesn’t ban what they did?
a legal impossibility
A legal fiction turns what into an act, although it is really a passive state?
possession