Criminal Law Exam 2

Question 0

The defendant admits to committing the act in question but claims it was necessary in order to avoid some greater evil.

Answer 0

Justification

Question 1

Evidence and arguments offered by a defendant and his or her attorneys to show why that person should not be held liable for a criminal charge.

Answer 1

Defense

Question 2

The defendant claims that some personal condition or circumstance at the time of the act was such that he or she should not be held accountable under criminal law.

Answer 2

Excuse

Question 3

justifications and excuses are

Answer 3

Affirmative Defenses

Question 4

These must be raised or asserted by the defendant independently of any claims made by the prosecutor.

Answer 4

Affirmative defenses

Question 5

A defense to a criminal charge that claims that it was necessary to commit some unlawful act in order to prevent or avoid greater harm.

Answer 5

Necessity

Question 6

Based on the recognition that individuals have an inherent right to protect themselves and that to reasonably defend oneself from unlawful attack is a natural response to threatening situations

Answer 6

Self - Defense

Question 7

envisions a person who acts with common sense and who has the mental capacity of an average, normal , sensible human being

Answer 7

reasonable person

Question 8

exists when the conduct or activity of an attacker makes the threat of danger obvious

Answer 8

apparent danger

Question 9

this is the degree of force that is appropriate and not excessive in a given situation

Answer 9

reasonable force