A legal argument used to challenge criminal liability by showing the defendant is not legally responsible.

A defense claiming the defendant committed the act but lacked the mental state or capacity for criminal responsibility.

A defense arguing the act was right or necessary under the circumstances (e.g., self-defense).

What is the difference between excuse and justification

Justification says the act was right; excuse says the act was wrong but the actor isn’t fully responsible.

Using reasonable force to prevent imminent harm; justified if proportional and necessary.

Using reasonable force to protect another person from imminent harm.

Limited force used to protect property; deadly force usually NOT permitted.

A defense claiming the defendant committed the crime to avoid a greater harm.

A defense where the defendant committed the crime because they were forced or threatened with serious harm.

A defense claiming law enforcement induced the defendant to commit a crime they were not predisposed to.

A claim that the defendant lacked the mental capacity to understand or control their actions.

common legal insanity tests

M’Naghten Rule, Irresistible Impulse Test, Durham Rule, Model Penal Code standard.

who is the principal in a crime

The person who actually commits the criminal act.

Someone who assists, encourages, or aids the principal before or during the crime.

what is an accessory before the fact

A person who helps plan or encourage a crime but is not present during its commission.

what is an accessory after the fact

A person who helps a criminal avoid detection or arrest after the crime occurs.

what is accomplice liability

Liability for the crime committed by the principal because of aiding, encouraging, or facilitating.

what is vicarious liability

Holding one person legally responsible for the actions of another (usually in employer–employee situations).

what is common purpose rule

All participants in a joint criminal venture may be liable for crimes committed by any member if foreseeable.

Crimes that involve steps toward committing another crime but are incomplete.

what are the three main inchoate crimes

Attempt, conspiracy, and solicitation.

Taking substantial steps toward committing a crime with the intent to complete it.

what is required for attempt liability

Intent + substantial step (beyond mere preparation).

A defense where the intended act is not actually a crime.

factual impossibility

Not a defense; the crime couldn't be completed due to unknown external circumstances.

An agreement between two or more people to commit a crime, plus (in many jurisdictions) an overt act.

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Chapters 6-8

criminology

Term	Definition
Defense	A legal argument used to challenge criminal liability by showing the defendant is not legally responsible.
Excuse	A defense claiming the defendant committed the act but lacked the mental state or capacity for criminal responsibility.
Justiftication	A defense arguing the act was right or necessary under the circumstances (e.g., self-defense).
What is the difference between excuse and justification	Justification says the act was right; excuse says the act was wrong but the actor isn’t fully responsible.
self defense	Using reasonable force to prevent imminent harm; justified if proportional and necessary.
defense of others	Using reasonable force to protect another person from imminent harm.
defense of property	Limited force used to protect property; deadly force usually NOT permitted.
necessity	A defense claiming the defendant committed the crime to avoid a greater harm.
duress	A defense where the defendant committed the crime because they were forced or threatened with serious harm.
entrapment	A defense claiming law enforcement induced the defendant to commit a crime they were not predisposed to.
insanity defense	A claim that the defendant lacked the mental capacity to understand or control their actions.
common legal insanity tests	M’Naghten Rule, Irresistible Impulse Test, Durham Rule, Model Penal Code standard.
who is the principal in a crime	The person who actually commits the criminal act.
who is an accomplice	Someone who assists, encourages, or aids the principal before or during the crime.
what is an accessory before the fact	A person who helps plan or encourage a crime but is not present during its commission.
what is an accessory after the fact	A person who helps a criminal avoid detection or arrest after the crime occurs.
what is accomplice liability	Liability for the crime committed by the principal because of aiding, encouraging, or facilitating.
what is vicarious liability	Holding one person legally responsible for the actions of another (usually in employer–employee situations).
what is common purpose rule	All participants in a joint criminal venture may be liable for crimes committed by any member if foreseeable.
inchoate crimes	Crimes that involve steps toward committing another crime but are incomplete.
what are the three main inchoate crimes	Attempt, conspiracy, and solicitation.
attempt	Taking substantial steps toward committing a crime with the intent to complete it.
what is required for attempt liability	Intent + substantial step (beyond mere preparation).
legal impossibility	A defense where the intended act is not actually a crime.
factual impossibility	Not a defense; the crime couldn't be completed due to unknown external circumstances.
conspiracy	An agreement between two or more people to commit a crime, plus (in many jurisdictions) an overt act.

Created by: goinskel000

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