Chapters 5 - -----
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| Evidence and arguments offered by a defendant or an attorney to show why a defendant shouldn't be held liable for a criminal charge | Defense
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| Necessity, Self-Defense, Defense of Others, Defense of home and property, Resisting Unlawful Arrest, Consent | Justification Defense
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| Claims that it was necessary to commit some unlawful act in order to prevent greater harm | Necessity
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| The harm sought to avoid outweighs the danger of the prohibited conduct | Necessity
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| No reasonable alternative | Necessity
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| Ceased to engage in the prohibited conduct as soon as the danger passed | Necessity
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| Did not create the danger south to avoid | Necessity
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| Harm inflicted on another was necessary | Self-Defense
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| Amount of defensive for must be proportional to the amount of offensive force | Self-Defense
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| Unlawfulness: of the other person's act | Key point in using deadly force in self defense
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| Necessity: Force must be necessary for protection from another | Key point in using deadly force in self defense
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| Reasonable: only a reasonable amount of force may be used | Key point in using deadly force in self defense
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| Path of Retreat | Self-Defense
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| If a person being defended has the right to defend themselves, the party who went to his aid is protected | Defense of Others
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| Must believe that the person they are aiding would be justified in using force to defend themselves | Defense of Others
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| Must believe that the person they are aiding is unable to adequately defend themselves, and therefore their intervention is necessary | Defense of Others
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| If a person being defended has the right to defend themselves, the party who went to his aid is protected | Alter Ego Rule
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| Third party in Defense of Others | "...one who goes to the aid of a third person does so at his own peril"
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| May use reasonable non deadly force | Defense of Home and Property
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| Preservation of human life outweighs the value of property | Defense of Home and Property
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| Extends to hotels, vessels, rented rooms, house boats | Defense of Home and Property
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| "Castle Exception" | Defense of Home and Property
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| Most states forbid deadly force in this defense | Defense of Property
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| Few property items are vital to survival | Reason for forbidding deadly force
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| Most items of value are insured | Reason for forbidding deadly force
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| LE is usually readily available for assistance | Reason for forbidding deadly force
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| Cannot set "booby traps" or "spring guns" in this defense | Defense of Property
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| A defense that states that the individual who is the recipient of an injury or is claiming to be suffering an injury | Consent
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| Appeal a higher power to determine guilt | Trial by Ordeal
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| Hot iron, floating, boiling water tests.. | Trail by Ordeal
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| Fleeing Felon Rule | Tennessee vs. Garner
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| ONLY when a suspect is thought to represent a threat of injury/death to the officer or public (probable cause) | Tennessee vs. Garner
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| Force is needed for arrest purposes | Tennessee vs. Garner
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| Defense of duress, Intoxication, Mistake, Age, Entrapment, Syndrome, or Mental Incompetency/Insanity are type of.. | Excuses Defenses
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| The complaint or charge are true and correct, however, there is a valid excuse that an individual had the right to engage in the conduct in question | Excuses Defense
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| "Yes I did it -- but I had a good reason" | Excuses Defense
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| Personal condition/circumstance is why the defendant is not liable | Excuses Defense
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| Defendant must show that there was a reasonable fear of death that was immediate fear of future harm or death | Duress
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| Unlawful threat of Coercion | Duress
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| Acting unlawfully because of some outside force where you would otherwise not engage in those types of behaviors | Duress
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| Must convince trier of fact that intoxication was involuntary - either tricked, forced, or unaware | Involuntary Intoxication
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| Must show that the intoxication was so great as to remove ability to form specific intent | Involuntary Intoxication
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| Misunderstanding/misinterpreting of the law` | Mistake Law
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| Just because you didn't know the law isn't an excuse | Mistake Law
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| That law needs to be made reasonably well known | Mistake Law
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| Misunderstanding, misinterpreting, or forgetting of a fact that pertains to the situation | Mistake Fact
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| If the facts had been presented the likelihood of something criminal would not have taken place | Mistake of Fact
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| Not held criminally responsible due to the age of the defendant | Infancy Defense
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| A person who has not yet reached the age of majority | Infancy Defense
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| Children under the age of 7 are not criminally responsible | Excuse: Age
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| Do not have the mental capacity to formulate intent | Excuse: Age
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| This cannot be overcome by evidence to the contrary | Excuse: Age
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| Rebut-table Presumption for children 7-14 years old | Excuse: Age
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| This can be overcome with evidence | 7-14 years of age
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| 7 years old | Age of Reason
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| Offense which is only illegal due to the age of the offender | Status Offenses
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| Offenses committed by a juvenile which is also illegal for adults | Delinquent Offenses
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| Transfer of a juvenile case to an adult court | Judicial Waiver
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| A defense that is confirmed upon, or substantially enhanced by the acceptability of a syndrome | Excuse: Syndrome Based
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| Signs and symptoms presenting a clinical picture of a disease or disorder | Syndrome
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| Legally these syndromes are clinically views as diseases or disorders | Other Syndromes on the rise
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| Prolonged beatings and abuses | Batter Women's Syndrome
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| Included psychological abuse | Batter Women's Syndrome
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| Evolves into a sense of "learned helplessness" | Battered Women's Syndrome
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| Inability to leave, constant fear, instant submissiveness, imminent danger for children other family members | Battered Women's Syndrome
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| This is a legal issue, and had no medical value | Insanity
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| Developed in order to aid the court in dealing with certain individuals | Insanity
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| Claims mental illness or diminished capacity | Insanity
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| Not guilty at the time of the crime if the defendant didn't know what they were doing | M'Naughten Rule
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| Not guilty at the time of the crime if the defendant didn't know that the behavior was wrong | M'Naughten Rule
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| States a person isn't criminally/legally responsible for behaviors if actions were due to mental defect | Durham Rule
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| Courts us array of psychiatric specialists to testify about mental state | Durham Rule
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| Successful defense requires jury to see behavior is due to mental deficiencies | Durham Rule
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| The Model Penal Code Insanity Test is also known as: | The Substantial Capacity Test
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| This was developed by the American Law Institute | The Substantial Capacity Test
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| Accuses is not responsible for actions if at the time of the act, as a result of a mental disease or defect, he lacks the substantial capacity to appreciate the wrongfulness of the act and to conform their conduct to the law | The Substantial Capacity Test
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| The defendant is proven guilty of the crime beyond a reasonable doubt | Guilty but Mentally Ill
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| The defendant was found to be mentally ill at the time of the offense | Guilty but Mentally Ill
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| The defendant is found not legally insane at time of offense | Guilty but Mentally Ill
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| Defense based on a claim that a mental condition may be insufficient to exonerate the defendant of guilt but that may be relevant to specific mental elements of crime | Diminished Capacity
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| Specifically, that the defendant lacked the mental capacity to form mens rea needed for conviction | Diminished Capacity
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| Places burden on the jury to determine if the defendant can be justly held responsible for their actions | Brawner's Rule
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| The killing of one human being another human being | Murder
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| An intentional homicide committed out of necessity is considered justifiable | English Common Law
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| Justifiable, Excusable, or Sufficiently provoted | Does not qualify as murder
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| Initially, the only punishment for murder was... | Death
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| Became designated by different degrees in order to vary the punishments and avoid the death penalty in certain cases | Murder
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| Murder is the killing of any person with ... | Malice Aforethought
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| A felony, an unlawful killing, and intent are characteristics of... | Murder
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| Intentional Homicide | Type of Murder
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| Intent to do serious bodily injury where death results with no intent to kill | Type of Murder
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| Depraved Heart Murder | Type of Murder
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| Felony Murder | Type of Murder
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| Now defined as the irreversible cessation of all brain function | Death
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| Conviction may occur with a confession and corroborating evidence | Murder Conviction
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| Can someone be charged with murder without a body | Yes
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| Conviction can still occur with circumstantial evidnce | Murder Conviction
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| The unlawful killing of a being without malice | Manslaughter
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| "Less than Murder" | Manslaughter
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| Two Categories: Voluntary and Involuntary | Manslaughter
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| No malice or lawful justification | Voluntary Manslaughter
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| Occurs due to negligence or recklessness | Involuntary Manslaughter
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| Unintentional Killing | Involuntary Manslaughter
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| Lacks malicious aforethought | Manslaughter
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| Justifiable, excusable, carriers no criminal liability, and is permitted under the law | Perfect Self Defense
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| Body of Crime | Corpus Delicti
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| An attempt to commit Battery in which no actual physical battery or injury results | Assult
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| The successful attempt to cause unlawful physical harm | Battery
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| Must have this to have battery, but not vise versa | Assult
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| Use of a weapon, infliction of serious injury, or disparity in size and age | Assault of Battery: High and Aggravated Nature
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| Most of these cases require the intentional injury of a person | Assault of Battery: High and Aggravated Nature
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| Disablement of normal functioning of the human body | Mayhem
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| Malicious or willful permanent disfiguration | Mayhem
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| Intentionally placing or attempting to place another person in fear or imminent serious physical danger | Menacing
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