Chapter 8 Powerpoint pt. 1

Question 1

The American legal system is based on the __________ __ ________ and the prosecution must establish every element of a crime beyond a reasonable doubt in order to establish a defendant’s guilt during the case-in-chief

Answer 1

presumption of innocence

Question 2

The American legal system is based on the presumption of innocence and the prosecution must establish every element of a crime ______ __ __________ ______ in order to establish a defendant’s guilt during the case-in-chief

Answer 2

beyond a reasonable doubt

Question 3

The American legal system is based on the presumption of innocence and the prosecution must establish every element of a crime beyond a reasonable doubt in order to establish a defendant’s guilt during the _____-__-_____

Answer 3

case-in-chief

Question 4

A defendant is to be acquitted if the prosecution fails to establish each element of the offense _______ __ __________ ______.

Answer 4

beyond a reasonable doubt

Question 5

The defense challenges the __________’s case during the rebuttal.

Answer 5

prosecution’s

Question 6

The defense challenges the prosecution’s case during the _______.

Answer 6

rebuttal

Question 7

Defendants may present __________ __________, or defenses in which the defendant typically possesses the burden of production as well as the burden of persuasion.

Answer 7

affirmative defenses

Question 8

Defendants may present affirmative defenses, or defenses in which the defendant typically possesses the burden of __________ as well as the burden of __________.

Answer 8

production

persuasion

Question 9

___________ and ________ are both affirmative defenses.

Answer 9

Justifications

excuses

Question 10

Affirmative Defenses, assigns responsibility for raising a defense to the _________.

Answer 10

defendant

Question 11

__________ _________, assigns responsibility for raising a defense to the defendant.

Answer 11

Affirmative Defenses

Question 12

____________– defenses to otherwise criminal acts that society approves and encourages under the circumstances.

Answer 12

Justifications

Question 13

________– defenses to acts that deserve condemnation, but for which the defendant is not held criminally liable because of a personal disability

Answer 13

Excuses

Question 14

Who said :“Justification speaks to the rightness of the act; an excuse, to whether the actor is [mentally] accountable for a concededly wrongful act”?

Answer 14

Professor George Fletcher

Question 15

In the _______ ____, justifications resulted in acquittals.

Answer 15

common law

Question 16

In the common law, justifications resulted in ________.

Answer 16

acquittals

Question 17

In the ________ ____, excuses provided the defendant with the opportunity to request that the king exempt him or her from the death penalty.

Answer 17

common law

Question 18

In the common law, _______ provided the defendant with the opportunity to request that the king exempt him or her from the death penalty.

Answer 18

excuses

Question 19

List the Defenses of Justification.

Answer 19

(1) Moral interest
(2) Superior interest
(3) Public benefit
(4) Moral forfeiture

Question 20

What is the difference between moral interest and superior interest?

Answer 20

Moral interest – an individual’s act is justified based on the protection of an important moral interest
Superior interest – the interests being preserved outweigh the interests of the person who is harmed

Question 21

______ _______ – an individual’s act is justified on the grounds that it is undertaken in service of the public good.

Answer 21

Public benefit

Question 22

______ _________ – an individual perpetrating a crime has lost the right to claim legal protection

Answer 22

Moral forfeiture

Question 23

What is the difference between perfect and imperfect defense?

Answer 23

Perfect defense, is satisfying every element of a justification defense
Imperfect defense, arises in those instances in which the requirements of the defense are not fully satisfied

Question 24

___________ ________- make the case that otherwise criminal acts are approved of and encouraged by society given the circumstances.

Answer 24

Justification Defenses

Question 25

________ _________- make the case that the act does deserve condemnation but the defendant should not be held liable due to a personal disability.

Answer 25

Excuse Defenses

Question 26

The jury in death penalty cases is required to consider _________ and ___________ circumstances in determining whether the defendant should be subject to capital punishment or receive a life sentence.

Answer 26

mitigating

aggravating

Question 27

The jury in death penalty cases is required to consider mitigating and aggravating circumstances in determining whether the defendant should be subject to ________ __________ or receive a _____ _________.

Answer 27

capital punishment

life sentence

Question 28

The jury in ______ ________ cases is required to consider mitigating and aggravating circumstances in determining whether the defendant should be subject to capital punishment or receive a life sentence.

Answer 28

death penalty

Question 29

The law is concerned with _____ crime an individual committed, not ____ he or she committed the crime.

Answer 29

what

why

Question 30

__________ ____________ are factors that may reduce a defendant’s sentence during his or her trial.

Answer 30

Mitigating circumstances

Question 31

What are some examples of mitigating circumstances?

Answer 31

Age, lack of criminal record, and remorse,

Question 32

A _____ ______ _______ refers to committing a criminal act for what the defendant believes is a good reason.

Answer 32

good motive defense

Question 33

A good motive defense refers to committing a criminal act for what the defendant believes is a _____ ______.

Answer 33

good reason

Question 34

_____ ___________ is a check on overzealous prosecutors who bring charges that are contrary to prevailing social values.

Answer 34

Jury nullification

Question 35

Jury nullification is a check on overzealous ___________ who bring charges that are contrary to prevailing ______ values.

Answer 35

prosecutors

social

Question 36

True or False: Self Defense is recognized as a justification defense in all 50 states.

Answer 36

True