Chapter 9: Criminal Defenses Flashcards
Types of defenses
- Failure of proof (“elements” defense)
- Affirmative defense
Forms of Affirmative defenses
Justifications, excuses
Procedural issues to defenses
Burden of production and proof
Affirmative defense: Justifications
- Defense of self and others
- Defense of property and home
- Force used to prevent crime and apprehend suspects
- Necessity (“choice of evils”)
Affirmative defense: Excuses
- Provocation or EED, in murder prosecutions
- Duress
___ must bring up defenses
Defendant
Involuntary manslaughter is an example of an ___ defense
Excuse
Elements of self defense
- D had reasonable belief that
- Another was using or threatening to use imminent unlawful force against D or others
- D repressed force or threat with proportionate force
Additional elements required in some jurisdictions for self defense
- D cannot use deadly force if s/he was the aggressor, unless s/he communicates withdrawal of the aggression
- Before using deadly force, D has duty to retreat
- Before using force to defend another, the other person must be justified in using the same force
U.S. vs Peterson
Concerns about one’s duty to retreat (stand your ground laws vs duty to retreat)
People vs Goetz
Concerns about what a “reasonable” person would do with reasonable belief there was harm
State vs Norman
- Battered woman syndrome
- Argument in definition of self-defense
State vs Beeley
Alter go rule vs reasonable belief rule
Defense of property - Elements
- D had reasonable belief that
- Another was unlawfully exerting control over D’s property
- D repelled with reasonable force; deadly force is NOT reasonable
Defense of home - Elements
Require reasonable belief and…
- Where force used to prevent intruder’s entry (include deadly force)
- Where force used to respond to intruder already inside the home
Under the ___ Amendment of the US Constitution, forced used by law enforcement must be reasonable.
4th
Defense of Necessity (“choice of evils) - Elements
- D reasonable believes that a clear and imminent harm is threatened
- D reasonable believes s/he can avert the harm by violating the law
- There must be no effective legal way to avert the harm
- The harm that D causes by violating the law is less than the threatened harm
- Legislature did not already make the choice of evils
- D was not at fault in creating get threatened harm or in putting himself/herself in the harm’s way
Defense of Necessity (“choice of evils) - Limitations
- The threatened harm must stem from natural forces, not humans
- Defense cannot be used in homicide prosecution
- Defense is not available if the threatened harm was economic, as opposed to life or property
Defense of Duress: An Excuse - Elements
- D committed the offense under the threat of death of serious bodily injury to D or another
- D reasonable believed that was genuine
- Threat was imminent at time of offense
- D had no reasonable means of escaping the threat
- D was not at fault in exposing herself/himself to the threat
Defense of Duress: An Excuse - Limitations
Defense cannot be used in homicide prosecution
