| A | B |
|---|
| Prinicipals in the first degree | those who actually commit the crime |
| Principals in the second degree | aiders and abettors present when crime committed (accomplice) |
| Accessories before the fact | aiders and abettors not present when crime committed |
| Accessories after the fact | give aid and comfort to those who are known to have committed a crime |
| Vicarious liability | liability based on a relationship; applies mainly to businesses (also saw a case involving parents) |
| Strict liability | no mens rea required |
| Inchoate crimes | attempt, conspiracy, and solicitation |
| Legal impossibility | Actors intend to and carry out the commission a crime, when in fact the conduct is not prohibited |
| Factual impossibility | Actors intend to and carry out a criminal act but some circumstance prevents completion |
| Abandonment | Voluntary withdrawal from completing a criminal act |
| Attempt | Must complete steps to complete crime (sort of like involuntary withdrawal) |
| Conspiracy | Agreement to commit a crime--interpretations for this vary widely and are inconsistent |
| Solicitation | Command, urgung, or requesting a third person to commit a crime |
| Alibi | defendants prove they were in a different place at the time of the crime |
| Justification | Defendants accept responsibility for the crime, but it was the right thing to do in the circumstances |
| Excuses | Defendants admit conduct was wrong, but they were not responsible for it due to extenuating circumstances |
| Affirmative defenses | Must be raised by defendant |
| Burden of Production | Defense must put enough information in to raise the question |
| Burden of Persuasion | Responsibility to prove justification or excuse |
| Perfect Defense | Leads to acquittal |
| Imperfect Defense | Leads to a lesser charge and/or sentence |
| Mitigating cricumstances | Circumstances which may lead to a lessening of sentence |
| Motive | Why people commit crimes |
| Self-defense | Danger immediate and serious, minimum force used to repel attack |
| Entrapment | Government entices criminal behavior |
| Diminished capacity | Less than normal, more than insane |
| Durham rule/product test | More broad insanity test |
| Insanity | legal term |
| Mentally ill | medical term |
| M'Naughten Rule/Right or Wrong | More narrow insanity test |
| Irresistable impulse | impairment that keeps defendant from controlling his or her will |
| substantial capacity test | insanity due to mental disease/defect preventing the differentialtion between wrong and right concerning conduct |
