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Criminal Law Ch 5

Criminal Law Final

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?
Created by: 763668857