Chapter 8 Powerpoint pt. 1 Flashcards Preview

Criminal Justice 130 Survey of Criminal Law > Chapter 8 Powerpoint pt. 1 > Flashcards

Flashcards in Chapter 8 Powerpoint pt. 1 Deck (36)
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1
Q

The American legal system is based on the __________ __ ________ and the prosecution must establish every element of a crime beyond a reasonable doubt in order to establish a defendant’s guilt during the case-in-chief

A

presumption of innocence

2
Q

The American legal system is based on the presumption of innocence and the prosecution must establish every element of a crime ______ __ __________ ______ in order to establish a defendant’s guilt during the case-in-chief

A

beyond a reasonable doubt

3
Q

The American legal system is based on the presumption of innocence and the prosecution must establish every element of a crime beyond a reasonable doubt in order to establish a defendant’s guilt during the _____-__-_____

A

case-in-chief

4
Q

A defendant is to be acquitted if the prosecution fails to establish each element of the offense _______ __ __________ ______.

A

beyond a reasonable doubt

5
Q

The defense challenges the __________’s case during the rebuttal.

A

prosecution’s

6
Q

The defense challenges the prosecution’s case during the _______.

A

rebuttal

7
Q

Defendants may present __________ __________, or defenses in which the defendant typically possesses the burden of production as well as the burden of persuasion.

A

affirmative defenses

8
Q

Defendants may present affirmative defenses, or defenses in which the defendant typically possesses the burden of __________ as well as the burden of __________.

A

production

persuasion

9
Q

___________ and ________ are both affirmative defenses.

A

Justifications

excuses

10
Q

Affirmative Defenses, assigns responsibility for raising a defense to the _________.

A

defendant

11
Q

__________ _________, assigns responsibility for raising a defense to the defendant.

A

Affirmative Defenses

12
Q

____________– defenses to otherwise criminal acts that society approves and encourages under the circumstances.

A

Justifications

13
Q

________– defenses to acts that deserve condemnation, but for which the defendant is not held criminally liable because of a personal disability

A

Excuses

14
Q

Who said :“Justification speaks to the rightness of the act; an excuse, to whether the actor is [mentally] accountable for a concededly wrongful act”?

A

Professor George Fletcher

15
Q

In the _______ ____, justifications resulted in acquittals.

A

common law

16
Q

In the common law, justifications resulted in ________.

A

acquittals

17
Q

In the ________ ____, excuses provided the defendant with the opportunity to request that the king exempt him or her from the death penalty.

A

common law

18
Q

In the common law, _______ provided the defendant with the opportunity to request that the king exempt him or her from the death penalty.

A

excuses

19
Q

List the Defenses of Justification.

A

(1) Moral interest
(2) Superior interest
(3) Public benefit
(4) Moral forfeiture

20
Q

What is the difference between moral interest and superior interest?

A

Moral interest – an individual’s act is justified based on the protection of an important moral interest
Superior interest – the interests being preserved outweigh the interests of the person who is harmed

21
Q

______ _______ – an individual’s act is justified on the grounds that it is undertaken in service of the public good.

A

Public benefit

22
Q

______ _________ – an individual perpetrating a crime has lost the right to claim legal protection

A

Moral forfeiture

23
Q

What is the difference between perfect and imperfect defense?

A

Perfect defense, is satisfying every element of a justification defense
Imperfect defense, arises in those instances in which the requirements of the defense are not fully satisfied

24
Q

___________ ________- make the case that otherwise criminal acts are approved of and encouraged by society given the circumstances.

A

Justification Defenses

25
Q

________ _________- make the case that the act does deserve condemnation but the defendant should not be held liable due to a personal disability.

A

Excuse Defenses

26
Q

The jury in death penalty cases is required to consider _________ and ___________ circumstances in determining whether the defendant should be subject to capital punishment or receive a life sentence.

A

mitigating

aggravating

27
Q

The jury in death penalty cases is required to consider mitigating and aggravating circumstances in determining whether the defendant should be subject to ________ __________ or receive a _____ _________.

A

capital punishment

life sentence

28
Q

The jury in ______ ________ cases is required to consider mitigating and aggravating circumstances in determining whether the defendant should be subject to capital punishment or receive a life sentence.

A

death penalty

29
Q

The law is concerned with _____ crime an individual committed, not ____ he or she committed the crime.

A

what

why

30
Q

__________ ____________ are factors that may reduce a defendant’s sentence during his or her trial.

A

Mitigating circumstances

31
Q

What are some examples of mitigating circumstances?

A

Age, lack of criminal record, and remorse,

32
Q

A _____ ______ _______ refers to committing a criminal act for what the defendant believes is a good reason.

A

good motive defense

33
Q

A good motive defense refers to committing a criminal act for what the defendant believes is a _____ ______.

A

good reason

34
Q

_____ ___________ is a check on overzealous prosecutors who bring charges that are contrary to prevailing social values.

A

Jury nullification

35
Q

Jury nullification is a check on overzealous ___________ who bring charges that are contrary to prevailing ______ values.

A

prosecutors

social

36
Q

True or False: Self Defense is recognized as a justification defense in all 50 states.

A

True