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Criminal Law Exam #2

View the Terms for Chapters 6- 9 Test for Criminal Law

TermDefinition
Diminished Capacity- (Chptr. 6) A failure-of-proof defense in which the defendant attempts to prove that 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, (p. 210).
Defense of Duress- (Chptr. 6) When defendants use the excuse that they were forced to do what they did, (p. 215).
Product-of-Mental-Illness Test (Chptr. 6) Also called the Durham Rule, acts that are the "products" of mental disease or defect excuse criminal liability, (p. 208).
Vicarious Liability (Chptr. 7) Establishes when a party can be criminally liable for someone else's conduct because of a relationship, (p. 230).
Principles in the First Degree (Chptr. 7) Principles in the Second Degree (Chptr. 7) Persons who actually commit the crime, (p. 231). Persons present when the crime is committed and who helped commit it (lookouts/ getaway drivers), (p. 231).
Proximity Tests (Chptr. 8) Help courts decide when defendants' acts have taken them further than just getting ready to attempt and brought them close enough to completing crimes to qualify as attempt actus reus, (p. 263).
Dangerous Proximity Tests (Chptr. 8) Focus on dangerous conduct; they look at what remains for actors to do before they hurt society by completing the crime, (p. 264).
Dangerous Proximity Test to Success Test (The Physical Proximity Test) (Chptr. 8). Asks whether defendants have come "dangerously close" to completing the crime, (p. 264 ).
Justifiable Homicide (Chptr. 9) Killing in self-defense, (p. 305).
Excusable Homicide (Chptr. 9) Killings done by someone "not of sound memory and discretion", (p. 305).
Criminal Homicide (Chptr. 9) All homicides that are neither justified nor excused, (p. 305).
Created by: ghendrickstn