crimin Flashcards
When is deadly force justified? What is the standard for using deadly force?
Justified only when it’s immediately necessary to repel imminent threat of death or serious bodily injury or being the victim of a violent felony. The standard is that the use of force must be proportional to the force being against the victim, must have a reasonable belief that deadly force is necessary, must be objectively reasonable.
What is the difference between a justification defense and an excuse defense? What is the rationale behind it?
Justification defenses include the defendant admitting they were responsible for their acts but claim that, under the circumstances, what they did was right. Excuse defenses include defendants admitting what they did was wrong but claim that, under the circumstances, they weren’t responsible for what they did. The rationale behind justification defenses is that the defendant had good reason for their actions because under the circumstances, they believe their actions were right. The rationale behind excuse defenses is that the defendant’s judgement was impaired due to mental disease or defect.
What is a perfect defense? What happens if perfect defense is successful? What is the result?
A perfect defense is the most affirmative defense where the defendants are acquitted if they’re successful.
What is a choice of evil’s defense/necessity defense? What are the elements of the necessity defense and what is at the heart of that defense?
A choice of evil’s defense is where the choice to commit a lesser crime to avoid the harm of a greater crime is justified. The elements are that this defense is justified if you are defending yourself, other, people, and your home.
When is self defense available? What must a defendant show to have a successful self defense claim? When can a victim who is the initial aggressor gain the right to use force and claim self defense?
Self defense is not available to attacks which are provoked, the victim can not instigate the attack. The elements of self defense are non aggressor, necessity, proportionality, and reasonable belief. The initial aggressor can justifiably defend themselves if the initial aggressor has withdrawn from the initial attack they provoked, they can defend themselves against an attack by their initial victims.
What is the stand your ground rule?
If you didn’t start a fight, you can stand your ground and kill to defend yourself without retreating from any place you have a right to be.
How does self defense apply to one unlawfully entering a person’s home? Castle Laws? Newcastle Laws? What has to be included in order for one to use deadly force under the Newcastle law when someone is unlawfully in their home; and is assumed to mean to kill or seriously injure the homeowner?
Self defense applies to one unlawfully entering a person’s home because the Castle Doctrine gave homeowners the right to defend or license to kill when someone trespasses on their property. The homeowner has the right to use any manner of force to protect their home and its inhabitants if they are unable to retreat. The new castle laws do not require someone to attempt to retreat, they can automatically react and shoot if they please.
What does the modern right to use force against someone unlawfully in your home include? Frontyard? Backyard? What is curtilage?
Curtilage is the immediate surroundings of a building. The modern right to use force against someone unlawfully in your home does not include the curtilage.
What are the requirements for necessity defense? What must the defendant show to have successful necessity?
The elements are identifying the evils, ranking the evils, and choosing based on the reasonable belief that the greater evil is imminent, meaning it is going to happen right now.
What is the defense of consent? What type of defense is it? Excuse or justification?
The defense of consent is the justification that competent adults voluntarily consented to crimes against themselves and knew what they were consenting to. This defense is a justification defense.
What can a person consent to? What can’t a person consent to? Can you consent to being assaulted? Can you consent to being raped?
You can not consent to being raped. A person can consent to situations where no serious injury results from the consensual crime, the injury happens during a sporting event, the conduct benefits the consenting person (surgery), or the consent is to sexual conduct.
Can someone consent to being a victim of domestic violence, allowing their partner to beat them and thinking they deserved it?
A person can legally consent to certain forms of violence as long as it is not involving a serious injury or potential risk of death. If the person was coerced and threatened into consenting then the person did not legally give consent.
When are consent defenses normally used? What must be shown in order for consent defense to be valid and successful?
Consent defenses are normally used in rape cases. The defendant must show that the consent was voluntary, knowing, and authorized.
What is subjective belief? What is objective belief?
Subjective belief is where the person honestly believed that they were in imminent danger, they needed to use force to fend it off, and they needed to use the amount of force they used. Objective belief is whether or not the person’s use of force was reasonable and coincides with the force a reasonable person would use.
When does insanity excuse criminal liability? What is true of most insanity defenses?
All insanity defenses require the person to be suffering from a mental disease or defect. Insanity excuses criminal liability when a mental disease or defect is eliminating or reducing the element of intent to commit a crime.
What is the name of the right wrong test of insanity?
The Mcnaughton rule.
What are the elements of Mcnaughton rule? What must the defendant show in this case?
The elements of the Mcnaughtan rule are the defendant suffered a defect of reason caused by a disease of the mind and at the time of the act the actor did not know the nature and quality of the act or that the act was wrong.
What counts as a mental disease or defect?
Mental diseases are defined as psychosis, mostly paranoia and schizophrenia. Mental defects refer to mental retardation or brain damage severe enough to make it impossible to know what you’re doing, or if you know, you don’t know that it’s wrong.
What is the Durham rule of insanity?
The Durham rule is acts that are the “products” of mental disease or defect excuse criminal liability.
What is the irresistible impulse test?
The irresistible impulse test is where we can’t blame or deter people who, because of a mental disease or defect, know that what they’re doing is “wrong” but can’t bring their actions into line with their knowledge of right and wrong.
