Term
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Definition
| Defendant disproves the prosecution's case by showing he or she couldn't have formed the state of mind required to prove the mental element of the crime |
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Term
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Definition
| Legal term for a person who is excused from criminal liability because a mental disease or defect impairs his mens rea |
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Term
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Definition
| Involuntary confinement not based on criminal conviction |
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Term
| Right-wrong test (M'Naghten rule) |
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Definition
| An insanity defense focused on whether a mental disease or defect impaired the defendants' reason so that they couldn't tell the difference between right and wrong |
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Term
| Volitional incapacity (irresistible impulse) |
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Definition
| Test to determine impairment of the will that makes it impossible to control the impulse to do wrong |
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Term
| Substantial capacity test |
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Definition
| Insanity due to mental disease or defect impairing the substantial capacity either to appreciate the wrongfulness of conduct or to conform behavior to the law |
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Term
| Product test (Durham rule) |
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Definition
| An insanity test to determine whether a crime was a product of mental disease or defect |
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Term
| Reason (in insanity defense) |
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Definition
| The mental capacity to distinguish right from wrong |
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Term
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Definition
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Term
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Definition
| Disease of the mind, not the equivalent of insanity |
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Term
| Two-stage (bifurcated) trial |
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Definition
| One phase of a trial to determine guilt, the other to determine the punishment |
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Term
| Product-of-mental-illness test |
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Definition
| A test to determine whether a crime was a product of mental disease or defect |
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Term
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Definition
| Mental capacity less than "normal" but more than "insane"; an attempt to prove the defendant incapable of the requisite intent of the crime charged is innocent of that crime but may well be guilty of a lesser one |
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Term
| Diminished responsibility |
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Definition
| A defense of excuse in which the defendant argues "What I did was wrong, but under the circumstances, I'm less responsible" |
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Term
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Definition
| When a juvenile court judge uses her discretion to transfer a juvenile to adult criminal court |
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Term
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Definition
| Excuse of being forced to commit a crime |
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Term
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Definition
| Government actions that induce individuals to commit crimes that they wouldn't otherwise commit |
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Term
| subjective test of entrapment |
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Definition
| Focuses on the predisposition of defendants to commit crimes |
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Term
| objective test of entrapment |
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Definition
| Focuses on the actions that government agents take to induce individuals to commit crimes |
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Term
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Definition
| Novel defenses of excuse based on symptoms of conditions such as being a Vietnam vet suffering from PTSD or a woman having premenstrual symptoms |
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