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Criminal Law Ch 5
Criminal Law Final
| Term | Definition |
|---|---|
| Failure-of-Proof Defense | raises the question of reasonable doubt as to an element in the crime (attack on an element); can apply to one or more elements |
| Affirmative Defense (defense of justification and excuse) | Requires that the defendant produce some evidence in support of the defense. Most are PERFECT defenses;1.prosecution must prove criminal conduct 2. defense then raises the defense of justification or excuse |
| Perfect Defenses | if successful, the defendant is acquitted (because his conduct was either justified or excused) |
| Imperfect Defenses | if successful, then the defendant is still guilty--but guilty of a lesser offense; if the imperfect defense is not successful, it can be used as mitigating circumstances at sentencing. |
| Justification Defenses | defendant's admit they were responsible for their acts but claim that, under the circumstances, what they did was right. (self-defense, necessity, consent) |
| Self-Defense | 4 elements: 1. Unprovoked:defender did not start or provoke attack 2. Necessity:must be defense of imminent attack 3. Proportionality: excessive force not allowed 4. Reasonable Belief- belief that force was necessary to repel attack |
| Stand-Your-Ground Rule | Majority or states- No Duty of Retreat |
| Retreat Rule | minority of states; have exceptions (Castle exception, Cohabitant exception) |
| Castle Exception | when attacked in your home you can stand your ground and use deadly force But only if you reasonably believe there is imminent death or serious bodily harm |
| Defense of Necessity (AKA the Choice of Evils defense) | justifies the choice to commit a lesser crime to avoid the harm of a greater crime |
| Defense of Consent | consent is a justification defense based on the idea that competent adult voluntarily agree to crimes against themselves |
| Voluntary Consent | consent was the product of Free Will |
| Knowing Consent | person must know exactly what they are consenting to |
| Authorized Consent | does person consenting have the legal responsibility to provide consent? |
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