Chapter 8 terms Flashcards Preview

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

Flashcards in Chapter 8 terms Deck (33)
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1
Q

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

A

affirmative defenses

2
Q

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

A

aggressor

3
Q

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

A

alter ego rule

4
Q

an individual may not resist an illegal arrest

A

American rule for resistance to an unlawful arrest

5
Q

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

A

burden of persuasion

6
Q

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

A

burden of production

7
Q

the prosecution’s phase of the trail

A

case-in-chief

8
Q

individuals have no obligation to retreat inside their home

A

castle doctrine

9
Q

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

A

choice of evils

10
Q

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

A

deadly force

11
Q

an individual may use reasonable force to resist an illegal arrest

A

English rule for resistance to an unlawful arrest

12
Q

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

A

excuses

13
Q

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

A

fleeing felon rule

14
Q

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

A

good motive defense

15
Q

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

A

imperfect self-defense

16
Q

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

A

intervention in defense of others

17
Q

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

A

jury nullification

18
Q

a defense based on the circumstances of a criminal act

A

justification

19
Q

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

A

make my day laws

20
Q

individual charged with a misdemeanor

A

misdemeanant

21
Q

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

A

necessity defense

22
Q

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

A

nondeadly force

23
Q

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

A

objective test for intervention in defense of others

24
Q

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

A

perfect self-defense

25
Q

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

A

presumption of innocence

26
Q

the defense case at trial

A

rebuttal

27
Q

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

A

retreat

28
Q

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

A

retreat to the wall

29
Q

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

A

self-defense

30
Q

no requirement to retreat

A

stand your ground rule

31
Q

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

A

tactical retreat

32
Q

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

A

true man

33
Q

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

A

withdrawal in good faith