THE EXCUSE OF AGE
The age below which a child cannot form criminal intent.
What is 7
Duress fails when the threat is not this.
What is immediate/imminent?
The myth that the insanity defense is used this often.
What is “all the time”?
The insanity test asks if the defendant knew right from wrong.
What is M’Naghten?
Diminished capacity argues the defendant lacked this type of intent.
What is specific intent?
Ages 7–14 are presumed to lack this.
What is criminal capacity?
Duress is hard to evaluate because people act under this powerful emotion.
What is fear?
In reality, insanity is used in less than this percentage of cases.
What is 1%?
Test focusing on the inability to control actions.
What is the Irresistible Impulse Test?
Diminished responsibility reduces this.
What is criminal liability?
Juveniles may be transferred here for serious crimes.
What is adult criminal court?
This crime cannot be excused by duress under any circumstance.
What is homicide?
NGRI defendants usually go here, not home.
What is a psychiatric hospital?
Test saying the crime must be a “product” of mental disease.
What is the Durham Rule?
Crimes where diminished capacity applies.
What is homicide?
The excuse of age is based on a lack of this developmental ability.
What is mental maturity?
Duress is controversial because the defendant still technically does this.
What is commits the crime voluntarily?
People confuse legal insanity with this medical concept.
What is mental illness?
Modern test requiring lack of substantial capacity.
What is the Model Penal Code test?
This lesser charge often results from diminished capacity.
What is manslaughter?
The key element children cannot form, making age an excuse.
What is mens rea?
The biggest issue with duress is punishing someone who lacks this.
What is free choice or free will?
These professionals make it difficult to “fake” insanity.
Who are forensic psychologists/psychiatrists?
The cognitive ability required under M’Naghten.
What is understanding the nature and wrongfulness of the act?
Unlike insanity, diminished capacity does NOT claim the defendant lacked this.
What is knowing right from wrong?