Chapter 5
What 3 circumstances need to come together before self-defense is good before the law?
1. the necessity is great
2. it exists "right now"
3. its for prevention only
What are the 4 tests for insanity?
1. Right-wrong test
2. Irresistible impulse test
3. Product test
4. Substantial capacity test
Who are the two parties to a criminal complicity?
accomplices and accessories
what are inchoate offenses?
crimes that satisfy the mens rae 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.
cohabitant exception
people who live in the same home do not have to retreat.
What are the 4 elements of self defense?
1. Nonagressor
2. Necessity
3. Proportionality
4. Reasonable belief
what are the two elements of the mcnaughtan rule?
1. The defendant suffered a defect of a reason caused by a disease of the mind.
2. Consequently, at the time of the act, they did not know: the nature and quality of the act or that the act was wrong
Define the mere presence rule
a person's mere presence at, and flight from, the scene of a crime aren't enough to satisfy the actus reus requirement of accomplice liability.
What is dangerous act rationale?
it looks at how close defendants came to completing their crimes.
defense of duress
When criminals use the excuse that they were forced to do what they did
What is the castle exception?
When attacked in your home you have no duty to retreat and can use deadly force to fend off an unprovoked attack, but only if you reasonably believe that the attack threatens death or serious bodily harm.
What is another name for the product of mental illness test?
Durham Rule
define accomplices
participants before and during the commission of a crime
attempt mens rae
the specific intent to commit a crime
define complicity
establishes when you can be criminally liable for someone else's conduct; applies criminal liability to accomplices and accessories.
What is the choice of evils defense?
Justifies the choice to commit a lesser crime to avoid the harm of a greater crime.
At what age were children considered to have the same mental compacity as adults?
14
last act rule
attempt actus reus requires all but the last act needed to complete the crime
criminal solicitation
trying to get someone else to commit a crime
define curtilage
The area Immediately surrounding the home
Define Judicial waiver
When juvenile court judges use the discretion to transfer a juvenile to adult criminal court.
overt act requirement
the requirement of an act that furthers the agreement of conspiracy
extraneous factor
a circumstance beyond the attempters' control that prevents the completion of the crime