Defending Self, Others, And Property Flashcards
A _______ ________ decides wheter there is sufficient evidence (probable cause) for a defendant to stand trial.
Grand jury
A grand jury decides whether there is sufficient evidence (_______ _________) for a defendant to stand trial.
Probable cause
If the grand jury decides there is sufficient evidence for a defendant to stand trail, the grand jury issues an
Indictment (true bill)
________ juries are larger than _______ juries (20+ jurors)
Grand
Petit
The ______ jury is smaller (usually 12 jurors) and decides if a defendant is guilty beyond a reasonable doubt.
Petit
The petit jury is smaller (___ _________) and decides if a defendant is guilty _________________.
12 jurors
Beyond a Reasonable Doubt
Jury instructions to a grand jury ____ ______ require the same level of precision as the jury instructions for a petit jury.
Do not
There are three general principles to self-defense:
1.
2.
3.
- Necessity
- Proportionality
- Reasonable belief
At common law self-defense required:
1. ?
2.
3.
4.
5.
6.
7.
That the defendant be threatened with the use of or threat of immediate use of;
At common law self-defense required:
1.
2. ?
3.
4.
5.
6.
7.
Unlawful
At common law self-defense required:
1.
2.
3. ?
4.
5.
6.
7.
Force
At common law self-defense required:
1.
2.
3.
4. ?
5.
6.
7.
That does or could cause physical injury
At common law self-defense required:
1.
2.
3.
4.
5. ?
6.
7.
That a reasonable person would believe could not be avoided without the use of physical force; AND
At common law self-defense required:
1.
2.
3.
4.
5.
6. ?
7.
That the defendant uses a reasonable amount of force; AND
At common law self-defense required:
1.
2.
3.
4.
5.
6.
7. ?
The defendant was not the first aggressor
At common law self-defense required:
1.
2.
3.
4.
5.
6.
7.
- That the defendant be threatened with the use of or threat of immediate use of
- Unlawful
- Force
- That does or could cause physical injury
- That a reasonable person would believe not be avoided without the use of physical force
- That the defendant uses a reasonable amount of force; and
- The defendant was not the first aggressor
At common law, and as part of the ________ ________, there was a duty to ______ if a place was reasonably available before the use of deadly force.
Necessity principle
Retreat
At common law, and as part of the necessity principle, there was a duty to retreat if a place was reasonably available before the use of deadly force. The exception to that rule was the _____ _________ that a person had no duty to retreat in their ________ or _________.
Castle doctrine
Home
Curtilage
A common law and as part of the necessity principle, there was no duty to retreat if a place was reasonably available before the use of deadly force. The exception to that rule was the “castle doctrine” that a person had no duty to retreat in their home or curtilage. The retreat rule is now the _________ ________ in America.
Minority Rule
What is the burden of proof for self-defense in most jurisdictions?
The defense has the burden of production, and the prosecution must disprove self-defense beyond a reasonable doubt.
At common law, the ___________ had the burden of proof to prove self-defense by a ____________ of the evidence.
Defendant
Preponderance
The common law burden of proof has largely been abandoned in the U.S. True or False
True
The common law burden of proof has largely been abandoned in the U.S. Instead, the _________ has the initial burden of production to produce evidence to establish self-defense — and then the ___________ has the burden to demonstrate the lack of self-defense beyond a reasonable doubt.
Defendant
Prosecution
Stand your Ground laws, which are now the majority of U.S. jurisdictions,
(1) ?
(2)
(3)
(1) Expand the use of deadly force “to prevent the imminent commission of a forcible felony
Stand your Ground laws, which are now the majority of U.S. jurisdictions,
(1)
(2) ?
(3)
(2) create a presumption that a defendant’s belief of imminent harm was reasonable
Stand your Ground laws, which are now the majority of U.S. jurisdictions,
(1)
(2)
(3) ?
(3) creates a presumption that an intruder enteres a home or vehicle with the intent to commit an unlawful act.
In defending another, one simply
Steps into the shoes of the victim and is able to do only as much as the victim himself would lawfully be permitted to do.
To establish defense of another the defendant must show:
1. ?
2.
3.
- That they used reasonable force (proportional and the same level of force the person being defended could use.
To establish defense of another the defendant must show:
1.
2. ?
3.
In a situation where they had a reasonable belief in the lawfulness of their actions and
To establish defense of another the defendant must show:
1.
2.
3. ?
The person being defended was in imminent danger of death or serious bodily harm from which they were unable to save themselves
Police officer mistakes the defendant for a suspect fleeing from a bank robbery. The officer, who is in uniform yells, “Stop, you’re under arrest!” When the defendant desn’t stop, the officer tackles him. The defendant then takes out his gun and shoots the officer. Which is correct?
Even though the arrest was unlawful, the defendant did not have the right to use deadly force.
To establish a defense of property, the defendant must show:
1. ?
2.
3.
4.
- They used reasonable force to protect their property
To establish a defense of property, the defendant must show:
1.
2. ?
3.
4.
- From trespass or theft
To establish a defense of property, the defendant must show:
1.
2.
3. ?
4.
- When they believed their property was in immediate danger of an unlawful trespass or taking; and
To establish a defense of property, the defendant must show:
1.
2.
3.
4. ?
- That the use of force was necessary to avoid the danger
Can you use deadly force to protect property?
NO
Absent excessive or unnecessary force, one CAN OR CANNOT use force to resist an unlawful arrest?
CANNOT
A police officer responding to a reported burglary saw a suspect running from the house and attempt to climb a fence. The officer saw that the suspect was unarmed and ordered him to stop. When the suspect continued climbing over the fence, the officer shot him for failing to comply with his commands. Which is correct?
A. Becuase the suspect ignored the officer’s commands, the officer could use deadly force.
B. Because the suspect was a fleeing felon, the officer could use deadly force.
C. Under these circumstances deadly force was not justified
D. Both A and B
C
