Chapter 2 pt. 1 Flashcards
Justification and excuse defenses are referred to as ______ _______ because the defendant must raise them I order for the jury to consider them.
Affirmative defenses
A ________ _________ is raised when the defendant admits that he or she is responsible for the act but claims that, under the circumstances, the act was not criminal , that what he or she did was lawful.
Justification defense
What may be successfully claimed if the defendant can demonstrate that he or she used force to repel an imminent, unprovoked attack that would have caused serious injury.
Self-Defense
The Defendant cannot use excessive force.
True
Deadly Force may be used only when an attack is either in progress or “________”
Imminent
What means it will occur immediately?
Imminent
One may use deadly force if they are…..
faced with deadly force
What doctrine requires that a person must retreat rather than use deadly force if it is possible to retreat without incurring harm.
Retreat doctrine
What doctrine goes against the retreat doctrine and states that the civdim of an attack need not retreat and may use whatever Forde is necessary to repel an attack.
True man doctrine
What states that a person attacked in their home does not have to retreat even if retreat is possible?
Castle Doctrine
Self defense may also apply to the defense of others and in some circumstances defense of property.
True
______ is also a defense in certain crimes
Consent
Can someone consent after the fact to injuries already obtained?
No
What defense recognized the value society places on obeying the law and in permitting those charged with enforcing the law the authority necessary to carry out those duties.
Execution of public duties
At common law, police could use deadly force to apprehend any fleeing felon. This is known as what?
Fleeing Felon Rule
With an _______ defense the defendant admits that what he or she did was wrong but argues that, under circumstances, he or she is not responsible for the improper conduct.
excuse
What may be raised as a defense in a limited number of situations.
Duress
Voluntary and involuntary intoxication refers to the effect of either alcohol or drugs.
Yes
________ intoxication never provides a complete defense, but it may be used to mitigate the punishment.
Voluntary
_________ provides a complete defense if it can be shown that the actor was unaware that he or she was being drugged.
Involuntary
Two types of mistake defenses
1.
2.
- mistake of law
2. Mistake of fact
Lack the requisite mental capability to form mens rea or criminal intent based on age.
Infancy defense
Holds that the state should act in the best interests of a child.
Parens patriae doctrine
What is a legal term that refers to the lack of criminal culpability due to mental illness or defect?
Insanity
If insanity is established, the defendant does not possess the requisite mens rea to have committed a crime.
True
the irresistible impulse test, the Product test, and the substantial capacity test
M’Naghten rule
The M’Naghten Test for insanity focuses on the defendant’s intellectual capacity to know what they are doing and to distinguish right from wrong.
True
What test defines insanity as when a defendant is unable to control his or her conduct because he or she suffers from a mental disease?
Irrestible impulse test
The ________ test for insanity states that the defendant is not criminally responsible if his or her act was “the product of mental disease or defect.”. Also known as
Product test
Product ruke
What defines insanity as when the defendant lacks substantial capacity to either control his or her conduct or appreciate the wrongfulness of his or her conduct.
Substantial capacity test
