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Collaborative Review
flashcards
| Question | Answer |
|---|---|
| diminished capacity | 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 |
| diminished responsibility | an excuse defense in which the defendant argues, “What I did was wrong, but under the circumstances I’m less responsible” |
| complicity | establishes when you can be criminally liable for someone else’s conduct; applies criminal liability to accomplices and accessories |
| vicarious liability | establishes when a party can be criminally liable for someone else’s con- duct because of a relationship; transfers the criminal conduct of one party to another because of their relationship |
| accomplices | participants before and during the commission of crimes |
| criminal attempts | trying but failing to commit crimes |
| criminal conspiracy | making an agreement to commit a crime |
| criminal solicitation | trying to get someone else to commit a crime |
| born-alive rule | the rule that to be a person, and therefore a homicide victim, a baby had to be “born alive” and capable of breathing and main- taining a heartbeat on its own |
| manslaughter | killing a person without malice aforethought |
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