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Chapter 5 Review
| A criminal act triggered by criminal intent | Criminal Conduct |
| Defendants admit they were responsible for their acts but claim that, under the circumstances, what they did was right (justified) | Justification Defenses |
| Defendants admit what they did was wrong but claim that , under certain circumstances, they weren't responsible for what they did | Excuse Defense |
| Defendants have to "start matters off by putting in some evidence in support" of their justification or excuse | Affirmative Defense |
| Defenses in which defendants are acquitted if they're successful | Perfect Defenses |
| Special hearing to determine if defendants who have used the insanity excuse are still insane | Competency Hearings |
| When a defendant fails in the full defense but is found guilty of a lesser offense | Imperfect Defense |
| Circumstances that convince fact finders (judges or juries) that defendants don't deserve the maximum penalty for the crime they're convicted of | Mitigating Circumstances |
| What 3 circumstances coming together constitutes justified self-defense in the eyes of the law? | 1. The necessity is great 2. It exists "right now." 3. It's for prevention only |
| Self-defense consists of what 4 elements? | 1. Nonaggression 2. Necessity 3. Proportionality 4. Reasonable belief |
| Someone who provokes an attack can't then use force to defend themselves against the attack they provoked | Initial Aggressor |
| If initial aggressor completely withdraw from attacks they provoke, they can defend themselves against an attack by their initial victims | Withdrawal Exception |
| A defense that argues an imminent danger of attack was prevented | Necessity |
| An element of self defense requiring the danger to be "right now!" | Imminence Requirement |
| 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 | Stand-your-ground 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 | Retreat Rule |
| When attacked in your harm, you have no duty to retreat and can use deadly force to fend off an unprovoked attack, but only if you reasonably believe that attack threatens death or serious bodily injury | Castle Exception |
| In the jurisdiction that follow the retreat rule, people who live in the same home don't have to retreat | Cohabitant Exception |
| Mental disorder that develops in victims of domestic violence as a result of serious, long-term abuse | BWS or Battered Woman Syndrome |
| The area immediately surround the home | Curtilage |
| Also called the general defense of necessity, it justifies the choice to a commit a lesser crime to avoid the harm of a greater crime | Choice-of-evils Defense |
| The justification that competent adults voluntarily consented to crimes against themselves and knew what they were consenting too | Defense of Consent |
| Consent was the product of free will, not of force, threat of force, promise, or trickery | Voluntary Consent |
| The person consenting understands what she's consenting to; she's not to young or insane to understand | Knowing Consent |
| The person consenting has the authority to give consent | Authorized Consent |
Created by:
LdyAurora
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