Chapter 8 terms Flashcards
the burden of production and, in most cases, the burden of persuasion is on the defendant
affirmative defenses
an individual initiating a physical confrontation is not entitled to self-defense unless he or she retreats
aggressor
an individual intervening in defense of others possesses the rights of the person he or she assisting
alter ego rule
an individual may not resist an illegal arrest
American rule for resistance to an unlawful arrest
responsiblity to convince the fact finder, usually beyong a reasonable doubt
burden of persuasion
responsiblity to produce suggicient evidence for the fact finder to consider the merits of a claim
burden of production
the prosecution’s phase of the trail
case-in-chief
individuals have no obligation to retreat inside their home
castle doctrine
the defense of neccessity in which an individual commits a crime to avoid an imminent and greater social harm or evil
choice of evils
use of physical force or a weapon likely to cause deth or serious bodily harm
deadly force
an individual may use reasonable force to resist an illegal arrest
English rule for resistance to an unlawful arrest
defenses in which defendants admit wrongful conduct while claiming a lack of legal responsiblity based on a lack of a criminal intent or the involuntary nature of their acts
excuses
the common law rule permitting deadly force against a felon fleeing the police
fleeing felon rule
the fact that a defendant committed a crime for what he or she views as a good reason is not recognized as a defense
good motive defense
an honest, but unreasonable belief in the justifiablity of self-defense that results in a conviction for manslaughter rather than murder
imperfect self-defense
the privilege to exercise self-defense on behalf of an individual in peril
intervention in defense of others
right of a juty to disregard the law and to acquit a defendant
jury nullification
a defense based on the circumstances of a criminal act
justification
a statute that authorizes any degree of force against a trespasser who uses or threatens to use even slight force against the occupant of a home
make my day laws
individual charged with a misdemeanor
misdemeanant
a criminal act is justified when undertaken to prevent an imminent, immediate, and greater harm
necessity defense
use of physical force or weapon that is not likely to cause death or serious injury
nondeadly force
a person intervening in defense of others may intervene where a reasonable person would believe a person is in need of assistance
objective test for intervention in defense of others
an honest and reasonable belief that constitutes a complete defense to a criminal charge
perfect self-defense
an individual is presumed to be not guilty and the burden is on the government to establish guilt
presumption of innocence
the defense case at trial
rebuttal
withdrawal from a conflict while indicating a desire to avoid a confrontation
retreat
obligation to withdraw as fully as possible before resorting to self-defense
retreat to the wall
a justification defense that recognizes the right of an individual to defend himself or herself against an armed attack
self-defense
no requirement to retreat
stand your ground rule
an individual withdraws from a conflict while intending to continue the physical conflict
tactical retreat
an individual without fault who is able to rely on self-defense
true man
individuals involved in a fight may gain the right of self-defense by clearly communicating that they are retreating from the struggle
withdrawal in good faith
