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Quiz 3

Criminal Justice Sub Criminal Law

QuestionAnswer
affirmative defenses the burden of production, and in most cases the burden of persuasion, is on the defendant.
aggressor an individual initiating a physical confrontation is not entitled to self-defense unless the individual retreats.
alabai defendants present evidence at trial that they did not commit the crime because they were not at the crime scene.
alter ego rule individuals intervening in defense of others possess the rights of the person they are assisting.
American rule for resistance to an unlawful arrest an individual may resort to reasonable force to resist an unlawful arrest. Followed in 12 U.S. states.
burden of persuasion responsibility to convince the fact finder, usually beyond a reasonable doubt.
burden of production responsibility to produce sufficient evidence for the fact finder to consider the merits of a claim.
case-in-chief the prosecution’s phase of the trial.
castle doctrine individuals have no obligation to retreat inside their home.
choice of evils the defense of necessity in which an individual commits a crime to avoid an imminent and greater social harm or evil.
deadly force use of physical force or a weapon likely to cause death or serious bodily harm.
English rule for resistance to an unlawful arrest an individual may use reasonable force to resist an illegal arrest.
fleeing felon rule the common law rule permitting deadly force against a felon fleeing the police.
good motive defense the fact that a defendant committed a crime for what the defendant views as a good reason is not recognized as a defense.
imperfect self-defense an honest but unreasonable belief in the justifiability of self-defense that results in a conviction for manslaughter rather than murder.
intervention in defense of others the privilege to exercise self-defense on behalf of an individual in peril.
jury nullification right of a jury to disregard the law and to acquit a defendant.
justifications defenses based on the circumstances of a criminal act.
make my day laws statutes that authorize any degree of force against a trespasser who uses or threatens to use even slight force against the occupant of a home.
misdemeanant individual charged with a misdemeanor.
necessity defense a criminal act is justified when undertaken to prevent an imminent, immediate, and greater harm.
nondeadly force use of physical force or weapon that is not likely to cause death or serious injury.
objective test for intervention in defense of others a person intervening in defense of others may intervene where a reasonable person would believe a person is in need of assistance.
perfect self-defense an honest and reasonable belief that constitutes a complete defense to a criminal charge.
presumption of innocence an individual is presumed to be not guilty and the burden is on the government to establish guilt.
rebuttal the defense case at trial.
retreat withdrawal from a conflict while indicating a desire to avoid a confrontation.
retreat to the wall obligation to withdraw as fully as possible before resorting to self-defense.
self-defense a justification defense that recognizes the right of individuals to defend themselves against an armed attack.
stand your ground law no requirement to retreat.
tactical retreat an individual withdraws from a conflict while intending to continue the physical conflict.
true man an individual without fault who is able to rely on self-defense.
withdrawal in good faith individuals involved in a fight may gain the right of self-defense by clearly communicating that they are retreating from the struggle.
Created by: Swarthyss
 

 



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