Chapter 8 Powerpoint pt. 2 Flashcards Preview

Criminal Justice 130 Survey of Criminal Law > Chapter 8 Powerpoint pt. 2 > Flashcards

Flashcards in Chapter 8 Powerpoint pt. 2 Deck (35)
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1
Q

True or False: Vigilante justice is encouraged.

A

False; Vigilante justice is discouraged.

2
Q

What are the seven elements of Self-Defense?

A

(1) Reasonable Belief
(2) Necessity
(3) Proportionality
(4) Retreat
(5) Aggressor
(6) Mistake
(7) Imperfect Self-Defense

3
Q

__________ _______ – an individual must possess a reasonable belief that force is required to defend himself or herself.

A

Reasonable belief

4
Q

________– the defender must reasonably believe that force is required to prevent the imminent and unlawful infliction of death or serious bodily harm

A

Necessity

5
Q

____________ – the force employed must not be excessive or more than is required under the circumstances

A

Proportionality

6
Q

_______– a defendant may not resort to deadly force if he or she can safely retreat, but this is generally not a requirement when the attack happens in the home, the workplace, or if the attacker uses deadly force.

A

Retreat

7
Q

__________– an individual who unlawfully initiates force, generally, is not entitled to self-defense unless the initial force is not considered deadly force, but was met with deadly force.

A

Aggressor

8
Q

________– an individual who is mistaken concerning the necessity for self-defense may rely on the defense so long as his or her belief is reasonable

A

Mistake

9
Q

__________ _____-_______ – an individual who honestly, but unreasonably, believes that he or she confronts a situation calling for self-defense and intentionally kills is held liable in many states for an intentional killing. Other states argue that although the defendant cannot be acquitted, he or she should only be liable for the less serious crime of manslaughter

A

Imperfect self-defense

10
Q

What are the two standards for self-defense?

A

(1) Subjective

(2) Objective

11
Q

Is this subjective or objective standard for self-defense: defendant must demonstrate an honest belief that he or she confronted an imminent attack?

A

Subjective

12
Q

Is this subjective or objective standard for self-defense: defendant must demonstrate that a reasonable person under the same circumstances would have believed that he or she confronted an imminent attack?

A

Objective

13
Q

_____-________= reasonable belief + immediately necessary + to employ proportionate force + to protect oneself against unlawful force

A

Self-Defense

14
Q

Self-Defense= __________ ______ + immediately necessary + to employ proportionate force + to protect oneself against unlawful force

A

reasonable belief

15
Q

Self-Defense= reasonable belief + __________ _________ + to employ proportionate force + to protect oneself against unlawful force

A

immediately necessary

16
Q

Self-Defense= reasonable belief + immediately necessary + to employ ____________ ______ + to protect oneself against unlawful force

A

proportionate force

17
Q

Self-Defense= reasonable belief + immediately necessary + to employ proportionate force + to protect oneself against _______ ______

A

unlawful force

18
Q

Model Penal Code adopts a ________ approach, but is adopted by very few courts because it does not employ the __________ _______ standard.

A

subjective

reasonable person

19
Q

______ ______ ______ adopts a subjective approach, but is adopted by very few courts because it does not employ the reasonable person standard.

A

Model Penal Code

20
Q

What happened in People v. Goetz?

A
  • The defendant, Bernhard Goetz, was both vilified and exalted in the press and in public opinion.
  • The defense of justification which permits the use of deadly physical force is not a purely subjective standard; the actor must not only have the subjective belief that deadly physical force is necessary, but those beliefs must also be objectively reasonable.
  • The mere appearance of perjured testimony given before the Grand Jury is not sufficient to sustain a dismissal of an indictment.
21
Q

_________-the harm “is about to happen.”

A

Imminence

22
Q

What are the three components of imminence?

A

(1) Resolution of disputes
(2) Last resort
(3) Evidence

23
Q

___________ __ _______ – the law encourages the peaceful resolution of disputes where possible

A

Resolution of disputes

24
Q

_____ ______ – individuals should only resort to self-help where strictly required

A

Last resort

25
Q

_______– the existence of a clear and measureable threat provides confidence that the defendant is acting out of self-defense rather than out of a desire to punish the assailant or to seek revenge

A

Evidence

26
Q

What happened in the State v. Norman case?

A
  • Judy Ann Laws Norman (Defendant), shot and killed Mr. Norman while he slept after Mr. Norman had beaten the Defendant on the day in question.
  • Mr. Norman also had a history of beating the Defendant.
  • The killing of a passive victim does not prevent the defense of self-defense.
27
Q

True or False: non-deadly force can be met with excessive force.

A

False; non-deadly force cannot be met with excessive force

28
Q

_______ _____ is force that a reasonable person under the circumstanced would be aware will cause or create a substantial risk of death or substantial bodily harm.

A

Deadly force

29
Q

Stand your ground rule, negates the requirement to _______, but is only adopted by few courts.

A

retreat

30
Q

True or False: Stand your ground rule is only adopted by a few courts.

A

True

31
Q

_____ ____ ______ _____, negates the requirement to retreat, but is only adopted by few courts.

A

Stand your ground rule

32
Q

An aggressor employing non-deadly force must clearly abandon the struggle and it must be a ___________ ___ ______ ______ to regain the right to self-defense, rather than a tactical retreat where an individual retreats with the intent of continuing the hostilities

A

withdrawal in good faith

33
Q

An aggressor employing non-deadly force must clearly abandon the struggle and it must be a withdrawal in good faith to regain the right to self-defense, rather than a _______ _______ where an individual retreats with the intent of continuing the hostilities

A

tactical retreat

34
Q

_______ ________ provides that individuals inside the home are justified in “holding their ground” and need not retreat

A

Castle Doctrine

35
Q

What happened in the U.S. v Peterson case?

A
  • Bennie L. Peterson (Defendant), was convicted by jury of manslaughter for the killing of Charles Keitt.
  • The Defendant walked to a point in his yard and threatened to kill Keitt if he came into his yard.
  • Keitt then returned to his car, retrieved a lug wrench, and advanced toward the defendant with the wrench in a raised position.
  • The Defendant warned Keitt to stop, but he continued onward.
  • The Defendant shot Keitt in the face from a distance of about ten feet.