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15 Cards in this Set
- Front
- Back
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Immediate danger |
When the conduct or activity of an attacker make a the threat of danger obvious |
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Physical force in self defense |
Force may be taken to protect yourself when threatened with physical harm but has to be a specific threat |
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Reasonable force |
A degree of force appropriate to end the situation but is the minimum degree of force necessary |
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Categories of self defense |
To defend self, others, property, property of another |
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Defense of Others |
1. Stand in their shoes doctrine 2. Some jurisdictions use alter ego rule |
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When is self defense unavailable |
When you initiated the fight |
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Retreat Doctrine |
If you can retreat you must unless it would unreasonably expose you to death or bodily harm |
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Insanity |
Finding of a legal court. Not a healthcare term |
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Syndromes |
A complex of signs and symptoms presenting a clinical picture of a disease or disorder |
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M'Naughten Rule |
Asks wether he or she knew what they were doing and did they know that it was wrong |
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Irresistible Impulse Test |
At the time the crime was committed, a mental disease or disorder prevented them from controlling their behavior. Would have even if an officer was present |
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Durham Rule |
Holds that an accused is not criminally responsible if it was a product of a mental disease or defect |
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Substantial Capacity Rule |
Person isn't responsible if at the time of the act as a result of a mental disease 1. Lacks substantial capacity to appreciate the criminality of their actions 2. To conform their conduct to standards of the law. |
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Diminished Capacity |
Applied to the mentally handicapped. 1. Can not exonerate but may be relevant to specific mental elements of the crime or degrees of the crime. |
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Problem with Syndrome Defenses |
1. There is NO syndrome that includes homicide or other crimes as inevitable 2. 99 out of 100 people with a syndrome don't commit a crime |
