Term
| T/F In our criminal justice system, defendants do NOT have to prove they are innocent. |
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Definition
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Term
| What are some ways that a defense attorney can establish reasonable doubt? |
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Definition
1) raise doubts about a witness's believeabilty
2) Call its own witness
3) Present an alibi
4) Cross-examine prosecution
5) call experts to testify |
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Term
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Definition
| Recognizes some special legal defenses, defendant not guilty even though prosecution has the elements. |
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Term
| Two categories of affirmative defenses |
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Definition
Justifications- the act was not wrong. Justified under circumstances.
Excuses- argues that although the act was wrong, the defendant had a good excuse. |
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Term
| Two types of justifications |
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Definition
Self-defense- more improtant- using force to protect yourself from harm
Necessity- 1)did not intentionally cause the circumstances surrounding the illegal act.
2)could not accomplish the same objective using a better alternative.
3)choose the lesser evil
*** preventing greater harm |
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Term
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Definition
a) were under an immediate threat of serious bodily harm or death.
b) had a well-grounded belief that the threat would be carried out
c) had no reasonable chance to escape or frustrate the threat. |
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Term
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Definition
| Excuse defense----- result mental illness, did not know what you were doing at that time. |
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Term
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Definition
| Excuse Defense---- unlawful pressure put upon a person to coerce that person to perform an act that they ordinarily would not perform. |
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Term
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Definition
excuse defense----1)officer or agent lures a defendant into committing a cirme.
2)leading them into a crime that they would not commit. |
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Term
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Definition
| Excuse defense-----not understanding what is against the law. |
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Term
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Definition
| Excuse defense----doing something that you thought was the right thing but it turns out it was the wrong thing. |
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Term
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Definition
| Excuse Defense---- unknowingly, a person ingest drugs or alcohol and a crime is committed; voluntary intoxication is NOT a defense. |
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Term
| To establish self-defense |
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Definition
1) Reasonably blieved that the force was required for your own protection-even if that belief turns out to be mistaken.
2) Threatened harm was about to happen and the attacker was willing and able to injure you.
3)Force used in self-defense was reasonable-that is, no more that was necessary to prevent the victim from inflicting harm. |
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Term
| When to use "deadly force" |
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Definition
*unlawfully enters the home*
1)attacker was about to kill you or inflict great bodily harm
2)deadly force was the only way of preventing the harm. |
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Term
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Definition
* M'Naughten Rule
*Irresistible Impulse Rule
*Durham Rue
*Model Penal Code Test |
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