Chapter 8 terms Flashcards Preview

CRJ 130 Survey of Criminal Law > Chapter 8 terms > Flashcards

Flashcards in Chapter 8 terms Deck (33):
1

the burden of production and, in most cases, the burden of persuasion is on the defendant

affirmative defenses

2

an individual initiating a physical confrontation is not entitled to self-defense unless he or she retreats

aggressor

3

an individual intervening in defense of others possesses the rights of the person he or she assisting

alter ego rule

4

an individual may not resist an illegal arrest

American rule for resistance to an unlawful arrest

5

responsiblity to convince the fact finder, usually beyong a reasonable doubt

burden of persuasion

6

responsiblity to produce suggicient evidence for the fact finder to consider the merits of a claim

burden of production

7

the prosecution's phase of the trail

case-in-chief

8

individuals have no obligation to retreat inside their home

castle doctrine

9

the defense of neccessity in which an individual commits a crime to avoid an imminent and greater social harm or evil

choice of evils

10

use of physical force or a weapon likely to cause deth or serious bodily harm

deadly force

11

an individual may use reasonable force to resist an illegal arrest

English rule for resistance to an unlawful arrest

12

defenses in which defendants admit wrongful conduct while claiming a lack of legal responsiblity based on a lack of a criminal intent or the involuntary nature of their acts

excuses

13

the common law rule permitting deadly force against a felon fleeing the police

fleeing felon rule

14

the fact that a defendant committed a crime for what he or she views as a good reason is not recognized as a defense

good motive defense

15

an honest, but unreasonable belief in the justifiablity of self-defense that results in a conviction for manslaughter rather than murder

imperfect self-defense

16

the privilege to exercise self-defense on behalf of an individual in peril

intervention in defense of others

17

right of a juty to disregard the law and to acquit a defendant

jury nullification

18

a defense based on the circumstances of a criminal act

justification

19

a statute that authorizes any degree of force against a trespasser who uses or threatens to use even slight force against the occupant of a home

make my day laws

20

individual charged with a misdemeanor

misdemeanant

21

a criminal act is justified when undertaken to prevent an imminent, immediate, and greater harm

necessity defense

22

use of physical force or weapon that is not likely to cause death or serious injury

nondeadly force

23

a person intervening in defense of others may intervene where a reasonable person would believe a person is in need of assistance

objective test for intervention in defense of others

24

an honest and reasonable belief that constitutes a complete defense to a criminal charge

perfect self-defense

25

an individual is presumed to be not guilty and the burden is on the government to establish guilt

presumption of innocence

26

the defense case at trial

rebuttal

27

withdrawal from a conflict while indicating a desire to avoid a confrontation

retreat

28

obligation to withdraw as fully as possible before resorting to self-defense

retreat to the wall

29

a justification defense that recognizes the right of an individual to defend himself or herself against an armed attack

self-defense

30

no requirement to retreat

stand your ground rule

31

an individual withdraws from a conflict while intending to continue the physical conflict

tactical retreat

32

an individual without fault who is able to rely on self-defense

true man

33

individuals involved in a fight may gain the right of self-defense by clearly communicating that they are retreating from the struggle

withdrawal in good faith