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23 Cards in this Set
- Front
- Back
Coercion |
The practice (usually criminal) of using force or the threat of force to gain compliance. |
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Deadly Force |
An amount of force likely to cause serious bodily injury or death if used against a person. |
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Duress |
A legal defense available to a person who does something against their will under threat of harm. |
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Entrapment |
A type of criminal defense where the accused claims that they would not have done the criminal act if it were not for substantial encouragement by police. |
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Excuse |
A type of criminal defense where the accused admits to the criminal act, but maintains that they are not blameworthy because of extenuating circumstances. |
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Imminent Danger |
A potential harm that is likely to occur at any moment. |
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Insanity Defense |
A criminal defense based on the idea that a person who commits a crime because of a mental disease or defect is not culpable. |
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Involuntary Intoxication |
A criminal defense based on the logic that the defendant should not be held liable because he or she acted criminally due to an intoxication that the defendant did not cause. |
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Irresistible Impulse Test |
An insanity defense test that asks if the defendant could or could not control his or her actions. |
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Justification |
A legal defense based on a claim that the act, while usually criminal, was right under the particular circumstances. |
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Lesser of Two Evils Defense |
A legal defense based on the idea that a small harm can sometimes be necessary to prevent a greater harm from occurring; another name for the necessity defense. |
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Mistake Defense |
A mistake as to the facts and circumstances surrounding an event can sometimes be a defense to criminal charges; a mistake of law is never an excuse. |
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Mistake of Fact |
A mistake as to the facts and circumstances surrounding an event can sometimes be a defense to criminal charges. |
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Mistake of Law |
A mistake of law is never an excuse. |
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M'Naghten Rule |
A legal test of insanity that hinges in the defendant's inability to know right from wrong; originated in an English court case in 1843, making it the first major test for insanity. |
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Necessity Defense |
A legal defense based on the idea that a small harm can sometimes be necessary to prevent a greater harm from occurring; another name for the necessity defense. |
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Non-deadly Force |
Force that is not likely to cause death or serous bodily injury. |
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Not Guilty By Reason of Insanity |
A plea that must be entered (in some jurisdictions) when the defendant is planning to use an insanity defense; some jurisdictions call this "guilty but mentally ill." |
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Parsons v. State (1887) |
An important Alabama Supreme Court case decided in 1887 that established the Irresistible Impulse Test of insanity. |
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Self-defense |
A criminal defense that allows for the use of force to protect one's self from harm, as well as the protection of others. |
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Solicitation |
The crime of inducing another person to commit a crime, usually for money. |
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Substantial Capacity Test |
The Model Penal Code test for insanity that includes elements of theM'Naughten rule as well as elements of the irresistible impulse test. |
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Voluntary Intoxication |
A state of intoxication knowingly and voluntarily entered into; not a viable criminal defense. |