Chapter 8 terms

Question 1

the burden of production and, in most cases, the burden of persuasion is on the defendant

Answer 1

affirmative defenses

Question 2

an individual initiating a physical confrontation is not entitled to self-defense unless he or she retreats

Answer 2

aggressor

Question 3

an individual intervening in defense of others possesses the rights of the person he or she assisting

Answer 3

alter ego rule

Question 4

an individual may not resist an illegal arrest

Answer 4

American rule for resistance to an unlawful arrest

Question 5

responsiblity to convince the fact finder, usually beyong a reasonable doubt

Answer 5

burden of persuasion

Question 6

responsiblity to produce suggicient evidence for the fact finder to consider the merits of a claim

Answer 6

burden of production

Question 7

the prosecution’s phase of the trail

Answer 7

case-in-chief

Question 8

individuals have no obligation to retreat inside their home

Answer 8

castle doctrine

Question 9

the defense of neccessity in which an individual commits a crime to avoid an imminent and greater social harm or evil

Answer 9

choice of evils

Question 10

use of physical force or a weapon likely to cause deth or serious bodily harm

Answer 10

deadly force

Question 11

an individual may use reasonable force to resist an illegal arrest

Answer 11

English rule for resistance to an unlawful arrest

Question 12

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

Answer 12

excuses

Question 13

the common law rule permitting deadly force against a felon fleeing the police

Answer 13

fleeing felon rule

Question 14

the fact that a defendant committed a crime for what he or she views as a good reason is not recognized as a defense

Answer 14

good motive defense

Question 15

an honest, but unreasonable belief in the justifiablity of self-defense that results in a conviction for manslaughter rather than murder

Answer 15

imperfect self-defense

Question 16

the privilege to exercise self-defense on behalf of an individual in peril

Answer 16

intervention in defense of others

Question 17

right of a juty to disregard the law and to acquit a defendant

Answer 17

jury nullification

Question 18

a defense based on the circumstances of a criminal act

Answer 18

justification

Question 19

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

Answer 19

make my day laws

Question 20

individual charged with a misdemeanor

Answer 20

misdemeanant

Question 21

a criminal act is justified when undertaken to prevent an imminent, immediate, and greater harm

Answer 21

necessity defense

Question 22

use of physical force or weapon that is not likely to cause death or serious injury

Answer 22

nondeadly force

Question 23

a person intervening in defense of others may intervene where a reasonable person would believe a person is in need of assistance

Answer 23

objective test for intervention in defense of others

Question 24

an honest and reasonable belief that constitutes a complete defense to a criminal charge

Answer 24

perfect self-defense

Question 25

an individual is presumed to be not guilty and the burden is on the government to establish guilt

Answer 25

presumption of innocence

Question 26

the defense case at trial

Answer 26

rebuttal

Question 27

withdrawal from a conflict while indicating a desire to avoid a confrontation

Answer 27

retreat

Question 28

obligation to withdraw as fully as possible before resorting to self-defense

Answer 28

retreat to the wall

Question 29

a justification defense that recognizes the right of an individual to defend himself or herself against an armed attack

Answer 29

self-defense

Question 30

no requirement to retreat

Answer 30

stand your ground rule

Question 31

an individual withdraws from a conflict while intending to continue the physical conflict

Answer 31

tactical retreat

Question 32

an individual without fault who is able to rely on self-defense

Answer 32

true man

Question 33

individuals involved in a fight may gain the right of self-defense by clearly communicating that they are retreating from the struggle

Answer 33

withdrawal in good faith