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Question

3 types of defenses*

Alibi
Justification
-Defendant accepts responsibility but claims what they did was right based on circumstances
Excuse
-Defendants admit what they did was wrong but claim they were not responsible
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Question

Elements of self defense*

•Nonaggressor/Unprovoked attack
1.Exception – withdrawal

•Necessity
1.Imminence requirement
Proportionality
Reasonable Belief

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Criminal law 1/5

Criminal law 1/5 Amanda Johnson

QuestionAnswer
3 types of defenses* Alibi Justification -Defendant accepts responsibility but claims what they did was right based on circumstances Excuse -Defendants admit what they did was wrong but claim they were not responsible
Elements of self defense* •Nonaggressor/Unprovoked attack 1.Exception – withdrawal •Necessity 1.Imminence requirement Proportionality Reasonable Belief
criminal conduct- a criminal act triggered by criminal intent
justification defenses defendants admit they were responsible for their acts but claim that, under the circumstances, what they did was right
excuse defenses defendants admit what they did was wrong but claim that, under the circumstances, they weren’t responsible for what they did
affirmative defenses defendants have to “start matters off by putting in some evidence in support” of their justification or excuse defenses
perfect defenses defenses in which defendants are acquitted if they’re successful
competency hearings special hearings to determine if defendants who have used the insanity excuse defense are still insane
imperfect defense when a defendant fails in the full defense but is found guilty of a lesser offense
mitigating circumstances circumstances that convince fact finders (judges or juries) that defendants don’t deserve the maximum penalty for the crime they’re convicted of
initial aggressor someone who provokes an attack can’t then use force to defend herself against the attack she provoked
withdrawal exception if initial aggressors completely withdraw from attacks they provoke, they can defend themselves against an attack by their initial victims
A legal fiction turns what into an act, although it is really a passive state? Possession
Drivers with dangerously high blood pressure who suffer strokes while they’re driving and kill someone while the stroke has incapacitated them is an example of which of the following? voluntarily induced involuntary acts
Most offenses that don’t require a mens rea do include which of the following an attendant circumstances element
The concurrence element means that a criminal intent has to trigger the criminal act
Criminal liability without subjective or objective fault is also called Strict liability
Another term for criminal act is Actus reus
General intent is the intent to have the mens rea.
Proximate cause is a subjective question of fairness that appeals to the jury’s sense Justice
What are the names of the two kinds of cause required to prove causation in “bad result” crimes? factual cause and legal cause
What is the only crime defined in the U.S. Constitution? treason
According to Griswold v. Connecticut (1965), which of the following describes the constitutional right to privacy? a fundamental right
Which of the following rights is guaranteed by the Fourth Amendment? Correct! flag burning as a political protest
Which amendments to the Constitution resulted in the void-for-vagueness doctrine The Fifth and Fourteenth Amendments
What name is given to offensive, sexually explicit material that is not protected by the First Amendment? obscenity
If an appellate court affirms the decision of the court immediately below, this means that the lower court’s decision is overturned
Retributionists assume that justice is best served by sending convicted offenders to prison
Sentencing laws that make prison release dependent on rehabilitation are called indeterminate sentencing laws.
The assumption underlying rehabilitation theory is that forces beyond offenders’ control cause them to commit crimes and experts using the correct therapy can reform criminals
The theory of punishment that includes the idea that it is right to hate criminals and they deserve to be punished proportionate to the harm they have done is the theory of retribution
Which doctrine imposes a legal duty to help or call for help for imperiled strangers? the “Good Samaritan” doctrine
Proximate cause is a subjective question of fairness that appeals to the jury’s sense of justice
Created by: Ajohns03
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