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09 Sep 2015

Criminal Law Terminology (T through Z)

The Diminished Capacity Test (aka the Wells-Gorshen Rule):  (not a complete defense) holds that evidence of mental infirmity not amounting to insanity is admissible and should be considered on questions of premeditation, deliberation, and malice.

  • not complete defense
  • mental infirmity not amounting to insanity is admissible
  • should be considered on questions of premeditation, deliberation, and malice.

The Durham Rule (aka the Product Rule): holds that a defendant is entitled to insanity defense if an unlawful act was committed because of a mental disease or defect.

  • unlawful act committed
  • because of mental disease OR defect

The M’Naughten Rule or the Right vs. Wrong Test of Insanity: holds that a person suffering from a mental disease of the mind is entitled to the defense of insanity when he does not know what he is doing or that what he is doing is wrong; he is entitled to insanity defense if he suffers form an insane delusion that if the notion embodied in the delusion AND if the notion embodied in the delusion and believed to be fact would excuse the defendant had it been true.

  • mental disease of the mind
  • does not know what he is doing
  • does not know what he is doing is wrong
  • OR suffers from an insane delusion
  • AND notion believed to be fact would excuse defendant had it been true

The Substantial Capacity Test of Model Penal Code Test:  holds that defendant is entitled to insanity defense if  at the time of such conduct, he lacks substantial capacity to appreciate the wrongfulness of his conduct or the capacity to conform his conduct to the requirements of the law as a result of a mental disease or defect.

  • lacks substantial capacity to appreciate wrongfulness of conduct
  • OR lacks substantial capacity to conform conduct to law requirements
  • mental disease or defect

Unlawful Assembly: meeting of three or more people with a common plan which, if carried out, would result in the commission of a crime by open force, or some lawful or unlawful act in a manner likely to cause apprehension of a breach of the peace.

  • meeting of 3 or more people
  • common plan
  • if carried out, would result in commission of crime by open force OR
  • lawful/unlawful act in manner to cause apprehension of breach of peace

Uttering: to pass or make use of a forged instrument, knowing that it is forged, with the intent to defraud.

  • pass or make use of a forged instrument
  • knowing it is forged
  • intent to defraud

Voluntary Manslaughter: the intentional killing of a human being by another human being without malice or with malice but under mitigating circumstances.

  • intentional
  • killing
  • of a human being
  • by another human being
  • without malice OR
  • with malice but under mitigating circumstances

Willful: Done with intent.

Filed Under: Criminal Law Tagged With: Criminal, Criminal Law, Definitions, terminology, terms

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