Chapter 5
Defensive force maybe used only if the threat or danger is
What is imminent
The defendant admits what they did was wrong but is not responsible
What is an excuse?
The idea that when you choose to participate in
crime, you forfeit your right to be treated as an individual; “your acts are my acts”
What is forfeited personal identity theory?
The rationale for attempt crimes focus on two types of danger
What is dangerous conduct an dangerous people?
Killing another human being
What is homicide?
The case of The Queen v. Dudley and Stephens (1884) involves which defense
What is the general principle of necessity
How many states prohibit the insanity defense
What is four?
Person who actually commits the crime
Using unlawful means to do a lawful this
What is criminal objective?
the only crime today in which the death penalty can be
imposed, consisting of (1) premeditated, deliberate intent to kill murders and (2) felony
murders
What is first degree murder?
When a defendant fails in a the full defense but is found guilty of a lesser offense
What is imperfect defense?
Defendants who plead an excuse defense admit what they did was wrong but argue that, under the circumstances,
What is they were not culpable for their actions?
The crime of conspiracy and the crime the conspirators agree to commit are separate offenses
What is Pinkerton rule?
A test on whether defendants have gone far enough toward completing the crime that it’s unlikely they’ll turn back
What is the unequivocality test
death penalty cases in death penalty states and “mandatory life sentence without parole” cases in non–death penalty states
What is capital cases?
Defenses in which defendants are acquitted if they're successful
What is perfect defense?
The acts that are product of your mental disease/ defect excuse liability
What is the Durham Rule?
An agreement to commit a crime is?
What is Conspiracy?
occurs 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
What is legal impossibility?
Extremely reckless killings
What is depraved heart murder?
Someone who provokes an attack can't then use force to defend herself against the attack she provoked
What is initial aggressor?
Excuse that argues that government agents got people to commit crimes that they normally wouldn't otherwise commit
What is entrapment?
The type of liability establishes when a party can be criminally liable because of a relationship
What is vicarious?
test that requires that attempters take enough steps
toward completing the crime to prove that they’re determined to commit it
What is MPC substantial steps test?
Unintended deaths occurring during
the commission of nonhomicide offenses
What is the unlawful act or misdemeanor manslaughter?