C. Law Ch. 5 Flashcards
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.
Excuse defenses
defendants admit what they did was wrong but claim that, under the circumstances, they weren’t responsible for what they did
Failure-of-proof defenses
the defendant only has to raise a reasonable doubt about the prosecution’s proof of just one element of the crime
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
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 and 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
Imminent Danger of Attack
the danger is “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 depart 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 you’re attacked in your home, you can stand your ground and use deadly force to fend off an unprovoked attack, but only if you reasonably believe the attack threatens death or serious bodily injury
