Justifying Circumstances Flashcards

1
Q

First justifying circumstance

A

Self-defense; anyone who acts in defense of his persons or rights

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2
Q

Requisites of self-defense

A
  1. ) Unlawful aggression;
  2. ) Reasonable necessity of the means employed to prevent or repel it
  3. ) Lack of sufficient provocation on the part of the person defending himself
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3
Q

In unlawful aggression, danger must be ____ or _____.

A

Actual or imminent

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4
Q

The defense of person means the defense of ___. (2)

A

Life or limb

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5
Q

The defense of rights may include _____. (3)

A
  1. Honor
  2. Property
  3. Home
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6
Q

Actual danger means that ______.

A

Danger is present or is actually in existence.

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7
Q

Imminent danger must be _____. (2)

A
  1. ) Offensive

2. ) Positively strong

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8
Q

What should be considered in the determination of the the existence of unlawful aggression?

A

The circumstances as the accused perceived them at the time of the incident.

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9
Q

Test in determining the existence of unlawful aggression based on the circumstances as the accused perceived them.

A
  1. ) Whether his subjective belief as to the imminence and seriousness of the danger is reasonable;
  2. ) The reasonableness of his belief must be viewed from his standpoint at the time he acted
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10
Q

Test in determining the reasonable necessity of the means employed to prevent or repel unlawful aggression (2)

A
  1. ) Necessity of the course of action taken

2. ) Necessity of the means used

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11
Q

Necessity of the course of action taken is dependent upon the ______.

A

Existence of unlawful aggression.

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12
Q

Necessity of the means used means __________.

A

The means employed must be rationally neccessary.

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13
Q

Necessity of the means are dependent upon _____. (3)

A
  1. ) Nature and quality of weapons
  2. ) Physical condition, character, and size
  3. ) Other circumstances
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14
Q

The third requisite in self-defense exists under these circumstances. (4)

A
  1. ) When there is no provocation at all
  2. ) When there is provocation but not sufficient
  3. ) When the provocation was sufficient but it was not given by the person defending himself
  4. ) When even if the provocation was given by the person defending himself, it was not proximate and immediate to the act of aggression
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15
Q

Battered woman syndrome, as a defense, is valid even with the absence of any of the elements of self-defense provided that they experience the battering cycle twice. What comprises of the battering cycle?

A
  1. ) tension-building phase
  2. ) acute battering incident
  3. ) tranquil, loving phase
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16
Q

Rational equivalence

A

The proportionateness does not depend upon the harm done but rests upon the imminent danger of injury.