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Criminal FYLSE > Page 34 > Flashcards

Page 34 Flashcards

0
Q

Why can there be no mitigation for theft crimes?

A

Malice crimes can be mitigated by provocation, but theft crimes cannot be mitigated to a lesser crime

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1
Q

What are defenses?

A

Any position the defendant is asserting a trial that will lead to an acquittal

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2
Q

If a question gives you a statute, but then asks what crime the defendant is guilty of, what should you be careful of?

A

Even though they may have violated the statute, they didn’t necessarily commit a crime

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3
Q

What is a good mnemonic to remember all of the DEFENSES to criminal law?

A

Baby MICE Drive PANDAS to Drink

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4
Q

What does Baby MICE Drive PANDAS to Drink stand for?

A

Baby - Infancy
MICE - mistake, insanity, consent, entrapment
Drive - duress
PANDAS - prevention of crime, authority of law, necessity, defense of property/Another/self
Drink - intoxication

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5
Q

What are affirmative defenses?

A

Claims by the defendant that even if the prosecution can prove every required element of a crime, the defendant had a LEGAL RIGHT to act as he did

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6
Q

Who is the burden of proof always on for defense?

A

The defendant to prove each required legal element of the affirmative defense

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7
Q

What is the standard of proof for an affirmative defense?

A

Reasonable doubt

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8
Q

What are the two major types of defenses?

A

Justification and excuse

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9
Q

What is a justification?

A

Recognition that the D did the right thing in a difficult situation

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10
Q

When do you usually see a justification?

A

In self-defense situations

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11
Q

If there has been a killing, but there are facts to justify the defendant’s act, the killing is usually considered what?

A

No crime

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12
Q

What are the justification defenses?

A
  • prevention of crime
  • apprehension of fleeing felon
  • defense of self or others
  • reasonable mistake
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13
Q

All justification defenses have the same three internal structure points, what are they?

A
  • triggering condition that requires defendant to act
  • necessity where defendant has no choice but to act
  • proportionality requirement that limits how defendant can respond
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14
Q

What are the two different defenses of law-enforcement?

A

Prevention of crime and apprehension of fleeing felon

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15
Q

What is prevention of crime as a defense?

A

D is privileged to use reasonable force to stop or prevent a violent felony

16
Q

What is considered a violent felony for prevention of crime?

A
  • burglary
  • arson
  • rape
  • robbery
  • kidnapping
  • deadly assault
17
Q

If you mean to prevent a crime but it has already been completed, can you use the prevention of crime defense?

A

No

18
Q

If a bank robber is killed while driving out of the parking lot, can the prevention of crime defense be used?

A

No, because the crime was already completed

19
Q

What is the apprehension of fleeing felon defense?

A

Defendant was privileged to use reasonable force to catch and arrest a criminal suspect

20
Q

What is the type of force the police can use for apprehension of fleeing felon?

A

Deadly force if necessary to catch an escaping felon regardless of the type of felony

21
Q

How much force are private citizens allowed to use for apprehension of a felon?

A

Can use deadly force if necessary to catch an escaping felony suspect, but only if a violent felony has been committed and the citizen has a reasonable belief that it did

22
Q

Anyone can apprehend a fleeing felon if one of what two things are present?

A
  • a misdemeanor was committed in their presence, or

- they are in hot pursuit

23
Q

If a misdemeanor has been committed, what type of force is allowed to apprehend the fleeing person?

A

Only reasonable force for a misdemeanor

24
Q

What is the common law and majority viewpoint for using deadly force for escape of a fleeing felon?

A
  • CL: deadly force can be used even if the felony is not dangerous
  • Majority: can only use deadly force when necessary to prevent escape of a felon or imminent commission of a dangerous felony
25
Q

What is self-defense?

A

One who is not the aggressor is justified in using a reasonable amount of force against his adversary if reasonably believes he is in immediate danger of unlawful bodily harm, and the use of force is reasonably necessary to avoid the danger

26
Q

Self-defense is unavailable for what types of crimes?

A

Negligent and reckless

27
Q

What must the honest and reasonable fear be for self-defense at CL and MPC?

A
  • CL: of death or great bodily harm according to a reasonable person in the D’s situation
  • MPC: D’s belief that force was necessary
28
Q

Is the reasonableness standard subjective or objective MPC and CL self-defense?

A
  • CL: subjective because it considers the circumstances of the defendant, but from a reasonable person’s point of view
  • MPC: looks at the defendant’s subjective and honest belief
29
Q

What does the MPC say about the immediacy requirement for self-defense?

A

Relaxes it and says it is enough if the defendant reasonably believed force was immediately necessary on the present occasion

30
Q

What are two ways that the role of aggressor can be assumed in a self-defense situation?

A
  • if the other party unreasonably escalated the violence by responding with unreasonable force in return
  • if a party prevents withdrawal after intent to withdraw has been communicated
31
Q

If you shoot at someone in self-defense and immobilize them, then shoot again and kill, what is your liability?

A

That last shot was not in self-defense, so you’re guilty of murder or manslaughter

32
Q

When is a person not an aggressor?

A

If his conduct is lawful

33
Q

If you reach a point of safety and then intentionally return, you are considered the what?

A

Aggressor

34
Q

What does the MPC say about the initial aggressor component of self-defense?

A

The initial aggressor only loses the defense if he provokes the use of force with the purpose of causing death or serious bodily harm. If he only provokes a non-deadly use of force, and the victim escalated to deadly force, the defendant can defend himself against the deadly attack

Criminal FYLSE (52 decks)

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