Chapter 8 Powerpoint pt. 1 Flashcards
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
presumption of innocence
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
beyond a reasonable doubt
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 _____-__-_____
case-in-chief
A defendant is to be acquitted if the prosecution fails to establish each element of the offense _______ __ __________ ______.
beyond a reasonable doubt
The defense challenges the __________’s case during the rebuttal.
prosecution’s
The defense challenges the prosecution’s case during the _______.
rebuttal
Defendants may present __________ __________, or defenses in which the defendant typically possesses the burden of production as well as the burden of persuasion.
affirmative defenses
Defendants may present affirmative defenses, or defenses in which the defendant typically possesses the burden of __________ as well as the burden of __________.
production
persuasion
___________ and ________ are both affirmative defenses.
Justifications
excuses
Affirmative Defenses, assigns responsibility for raising a defense to the _________.
defendant
__________ _________, assigns responsibility for raising a defense to the defendant.
Affirmative Defenses
____________– defenses to otherwise criminal acts that society approves and encourages under the circumstances.
Justifications
________– defenses to acts that deserve condemnation, but for which the defendant is not held criminally liable because of a personal disability
Excuses
Who said :“Justification speaks to the rightness of the act; an excuse, to whether the actor is [mentally] accountable for a concededly wrongful act”?
Professor George Fletcher
In the _______ ____, justifications resulted in acquittals.
common law
In the common law, justifications resulted in ________.
acquittals
In the ________ ____, excuses provided the defendant with the opportunity to request that the king exempt him or her from the death penalty.
common law
In the common law, _______ provided the defendant with the opportunity to request that the king exempt him or her from the death penalty.
excuses
List the Defenses of Justification.
(1) Moral interest
(2) Superior interest
(3) Public benefit
(4) Moral forfeiture
What is the difference between moral interest and superior interest?
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
______ _______ – an individual’s act is justified on the grounds that it is undertaken in service of the public good.
Public benefit
______ _________ – an individual perpetrating a crime has lost the right to claim legal protection
Moral forfeiture
What is the difference between perfect and imperfect defense?
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
___________ ________- make the case that otherwise criminal acts are approved of and encouraged by society given the circumstances.
Justification Defenses
________ _________- make the case that the act does deserve condemnation but the defendant should not be held liable due to a personal disability.
Excuse Defenses
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.
mitigating
aggravating
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 _____ _________.
capital punishment
life sentence
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.
death penalty
The law is concerned with _____ crime an individual committed, not ____ he or she committed the crime.
what
why
__________ ____________ are factors that may reduce a defendant’s sentence during his or her trial.
Mitigating circumstances
What are some examples of mitigating circumstances?
Age, lack of criminal record, and remorse,
A _____ ______ _______ refers to committing a criminal act for what the defendant believes is a good reason.
good motive defense
A good motive defense refers to committing a criminal act for what the defendant believes is a _____ ______.
good reason
_____ ___________ is a check on overzealous prosecutors who bring charges that are contrary to prevailing social values.
Jury nullification
Jury nullification is a check on overzealous ___________ who bring charges that are contrary to prevailing ______ values.
prosecutors
social
True or False: Self Defense is recognized as a justification defense in all 50 states.
True
