Defense overview

Question 1

procedure

Answer 1

1. government has burden of production - case in chief establishes all required elements
2. if affirmative defense is raised, D must establish element by some standard (most often preponderance of the evidence)
3. If D puts forth sufficient evidence to satisfy defense, burden shifts back to the government to rebut
4. government must prove beyond a reasonable doubt the lack of the defense

Question 2

concept of defenses

Answer 2

not saying the event that caused the harm didnt happen, but ssaying that there is a reason the person did what they did and there is not rational or reasonable justification for the punishment

Question 3

affirmative defenses

Answer 3

justification (self defense and necessity)

excuse (durress and insanity)

Question 4

failure of proof defenses

Answer 4

element of the crime not proved by the governmet

Question 5

offense modifications

Answer 5

kinds of situations that are geared toward the argument that the persons conduct is not hte type of conduct the criminal statute was intended to cover
- public policy, jury nullificaiton (parent paying ransom)

Question 6

justifications

Answer 6

no social harm- act was for the greater good
- no reason to punish
nothing to deter incapacitate or rehabitati
did not act with moral blameworthiness
focus on act- justifying conduct is negating the social harm
actor did right thing

policy: dont want to punihs people because for greater societal good

self defense and necessity

Question 7

excuses

Answer 7

actor was committing a wrong, but because of CIRCUMSTANCES, conduct should be excused
not criinally respnsibile

policy: if athey were able to act under own free will they wouldnt have done it

duress and insanity

Question 8

non exculpatory public policy defenses

Answer 8

: for reasons of public interest, should not be held responsible

statute of limittations
diplomatic immunity
executory immunity