The legal term that refers to a mental disease or defect that impairs the reason and/or will to control actions
What is insanity?
100
Establishes when you can be criminally liable for someone else’s conduct; applies criminal liability to accomplices and accessories
What is complicity?
100
Look at what actors have already done to demonstrate that
they’re a danger to society, not just in this crime but, more important, in crimes they might commit in the future if they’re not dealt with now
What is dangerous person tests?
100
Try but failing to commit crimes
What is criminal attempts?
200
We can’t blame or deter people who, because of a mental
disease or defect know, that what they’re doing is “wrong” but can’t bring their actions
into line with their knowledge of right and wrong.
What is irresistible impulse test?
200
Most courts define it as psychosis, mostly paranoia and schizophrenia
What is mental disease?
200
Establishes when a party can be criminally liable for someone else’s conduct because of a relationship; transfers the criminal conduct of one party to another because of their relationship
What is vicarious liability?
200
A single statute that applies to the attempt to commit any crime in the state’s criminal code
What is general attempt statute?
200
Occurs when actors intend to commit a crime and try to but it’s
physically impossible because some fact or circumstance unknown to them interrupts or
prevents the completion of the crime
What is factual impossibility?
300
Acts that are the
“products” of mental disease or defect excuse criminal liability.
What is product-of-mental-illness test ?
300
Refers to mental retardation or brain damage severe enough to make it impossible to know what you’re doing, or if you know, you don’t know that it’s wrong.
What is a mental defect?
300
Liability that attaches for participation before and during a crime
(prosecution for the crime itself)
What is accomplice liability?
300
Looks at how close defendants came to completing their
crimes
What is dangerous act rationale?
300
Trying to get someone else to commit a crime
What is criminal solicitation?
400
A person is not responsible for criminal
conduct if at the time of such conduct as a result of mental disease or defect he lacks
substantial capacity either to appreciate the criminality [wrongfulness] of his conduct or
to conform his conduct to the requirements of law.
What is a substantial capacity test ?
400
Psychologists call it “volition,” most of us call it “willpower”; in the insanity tests
it refers to a defendant’s power to control their actions.
What is will?
400
Liability that attaches for participation after crimes are committed
(prosecution for a minor offense other than the crime itself)
What is accessory liability?
400
Asks whether defendants have come “dangerously close” to completing the crime
What is dangerous proximity test to success test (the physical proximity test)?
400
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?
500
The Durham rule
What is product-of-mental-illness test ?
500
Psychologists call it “cognition”; the capacity to tell right from wrong .
What is reason?
500
A doctrine in tort law that makes a master liable for the wrong of a servant; in modern terms, an employer may be liable for the wrong of an employee
What is a respondeat superior?
500
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?
500
From the Latin “to begin”; crimes that satisfy the mens rea of
purpose or specific intent and the actus reus of taking some steps toward accomplishing
the criminal purpose—but not enough steps to complete the intended crime