Chapter 9: Criminal Defenses

Question 1

Types of defenses

Answer 1

• Failure of proof (“elements” defense)

- Affirmative defense

Question 2

Forms of Affirmative defenses

Answer 2

Justifications, excuses

Question 3

Procedural issues to defenses

Answer 3

Burden of production and proof

Question 4

Affirmative defense: Justifications

Answer 4

• Defense of self and others
• Defense of property and home
• Force used to prevent crime and apprehend suspects
• Necessity (“choice of evils”)

Question 5

Affirmative defense: Excuses

Answer 5

• Provocation or EED, in murder prosecutions

- Duress

Question 6

___ must bring up defenses

Answer 6

Defendant

Question 7

Involuntary manslaughter is an example of an ___ defense

Answer 7

Excuse

Question 8

Elements of self defense

Answer 8

• 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

Question 9

Additional elements required in some jurisdictions for self defense

Answer 9

• 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

Question 10

U.S. vs Peterson

Answer 10

Concerns about one’s duty to retreat (stand your ground laws vs duty to retreat)

Question 11

People vs Goetz

Answer 11

Concerns about what a “reasonable” person would do with reasonable belief there was harm

Question 12

State vs Norman

Answer 12

• Battered woman syndrome

- Argument in definition of self-defense

Question 13

State vs Beeley

Answer 13

Alter go rule vs reasonable belief rule

Question 14

Defense of property - Elements

Answer 14

• D had reasonable belief that
• Another was unlawfully exerting control over D’s property
• D repelled with reasonable force; deadly force is NOT reasonable

Question 15

Defense of home - Elements

Answer 15

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

Question 16

Under the ___ Amendment of the US Constitution, forced used by law enforcement must be reasonable.

Answer 16

4th

Question 17

Defense of Necessity (“choice of evils) - Elements

Answer 17

• 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

Question 18

Defense of Necessity (“choice of evils) - Limitations

Answer 18

• 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

Question 19

Defense of Duress: An Excuse - Elements

Answer 19

• 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

Question 20

Defense of Duress: An Excuse - Limitations

Answer 20

Defense cannot be used in homicide prosecution