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Collaborative Review

LGS 1031

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 (justified)
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
Necessity a defense that argues an imminent danger of attack was prevented
Imminence Requirement an element of self-defense requiring the danger to be “right now!”
Stand-your-ground Rule if you didn’t start a fight, you can stand your ground and kill to defend yourself without retreating from any place you have a right to be
Retreat Rule you have to retreat from an attack if you reasonably believe (1) that you’re in danger of death or serious bodily harm; and (2) that backing off won’t unreasonably put you in danger of death or serious bodily harm
Castle Exception when attacked in your home, you have no duty to retreat and can use deadly force to fend off an unprovoked attack, but only if you reasonably believe the attack threatens death or serious bodily injury
Cohabitant Exception in the jurisdictions that follow the retreat rule, people who live in the same home don’t have to retreat
Battered Woman’s Syndrome (BWS) mental disorder that develops in victims of domestic violence as a result of serious, long-term abuse
Curtilage the area immediately surrounding the home
Choice-of-evils Defense also called the general defense of necessity justifies the choice to commit a lesser crime to avoid the harm of a greater crime
Defense of Consent the justification that competent adults voluntarily consented to crimes against themselves and knew what they were consenting to
Voluntary Consent consent was the product of free will, not of force, threat of force, promise, or trickery
Knowing Consent the person consenting understands what he or she consenting to; that he or she is not too young or insane to understand
Authorized Consent the person consenting has the authority to give the consent
Created by: HeatherDyke
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