Defenses

Question 1

prosecutor has failed to meet its burden of proof on at least one essential element of the crime

Answer 1

case in chief

Question 2

defendant admits that the prosecution has met its burden of proof but argues he should be acquitted for another reason

Answer 2

affirmative

Question 3

defense where D claims he did the right thing or most appropriate action under the circumstance

Answer 3

justification

Question 4

defense where focus on whether the D is blameworthy and culpable

Answer 4

excuse

Question 5

3 reqs at CLAW for using force

Answer 5

imminent; necessary; proportionate

Question 6

CLaw requires what when looking at whether the self defense is allowed

Answer 6

reasonable belief and reasonable person

Question 7

Duty to retreat at CLAW is required when

Answer 7

D reasonably can retreat to complete safety

Question 8

MPC does not require what for self defense to be allowed (CLAW does)

Answer 8

reasonable need for self defense (unreasonable mistake is fine)

Question 9

6 choices of evils for necessity defense (CLAW)

Answer 9

1. balance of harms; 2. D was avoiding clear and imminent danger; 3. Reasonable, good faith belief that illegal conduct would avoid harm; 4. no legal alt; 5. No definition from legislature; 6. D was not at fault for creating situation

Question 10

balance of harms inquiry

Answer 10

harm D was seeking to avoid was greater than harm D would cause by breaking law