Defenses 1

Question 1

Modern Accomplice Liability
Defendant is Principal their conduct is:

Answer 1

Person who commits the illegal act or who causes an innocent agent to do so.

Question 2

Modern Accomplice Liability
Defendant Principal Liability:

Answer 2

Liable for principal crime

Question 3

Modern Accomplice Liability
Accomplice (includes common law principal in the second degree and accessory before the fact)
Conduct:

Answer 3

Person who aids or encourages principal to commit the illegal conduct

Question 4

Modern Accompliace Liability
Accomplice (includes common law principal and in the second degree and accessory before the fact.
Liability:

Answer 4

Liable for the principal crime if accomplice intended to aid or encourage crime

Question 5

Modern Accompliace Liability
Accessory After the Fact
Conduct:

Answer 5

Person who aids another to escape knowing that they have committed a felony

Question 6

Modern Accomplice Liability
Accessory After Fact
Liability:

Answer 6

Liable for separate, less serious crime of being an accessory after the fact.

Question 7

Types of Defenses
Credibility of Evidence
Explanation:

Answer 7

Fact-based defense focused on calling into question the credibility of the prosecution’s evidence

Question 8

Types of Defenses
Credibility of Evidence
Examples:

Answer 8

Misidentification
Witness lying/ bias

Question 9

Types of Defenses
Government Misconduct
Explanation:

Answer 9

Can be question of law or fact-based argument for jury focused on the legality or thoroughness of the investigation.

Question 10

Types of Defenses
Government Misconduct
Examples:

Answer 10

Entrapment
Prosecutorial Misconduct
Illegal search or seizure
Forensic errors

Question 11

Types of Conduct
Sufficiency of the Evidence
Explanation:

Answer 11

Question of law challenging that the government has not presented evidence to prove each element of the offense beyond a reasonable doubt.

Question 12

Types of Defenses
Sufficiency of the Evidence
Examples:

Answer 12

No proof of requisite mental state
(Mistake of fact/law)
No proof of completed act

Question 13

Types of Defenses
Affirmative Defenses (Justification and Excuse)
Explanation:

Answer 13

Question of law not challenging that the elements of the offense have been met, but rather that a legal justification or excuse exists.

Question 14

Types of Defenses
Affirmative Defenses (Justification and Excuse)
Examples:

Answer 14

Self-defense
Duress/ Necessity
Insanity
Intoxication

Question 15

1. The right to counsel (as well as the right to funding for experts)
2. The right to confront witnesses against them; and
3. The right to present a defense (including the right to present witness on their behalf.)

Answer 15

Constitutional rights of a criminal defendant

Question 16

There is no requirement for the defense to present anything, defenses can be raised by cross-examining prosecution witnesses. True or False

Answer 16

True

Question 17

The ______ _________ ____________ guarantees a defendant’s right to present a a defense - “the right to a fair opportunity to defend against the State’s accusations.”

Answer 17

Due Process Clause

Question 18

When the exclusion of evidence “significantly undermines fundamental elements of the defendant’s defense,” it becomes _______________.

Answer 18

Unconstitutional

Question 19

A trial court may ____________ a defendant’s evidence when their theory is unsupported, speculative, and far-fetched and could thereby confuse or mislead the jury.

Answer 19

exclude

Question 20

The prosecution must establish the defendant’s identity as the perpetrator of the crime ____________.

Answer 20

Beyond a reasonable doubt.

Question 21

The prosecution must establish the defendant’s identity as the perpetrator of the crime beyond a reasonable doubt. To that end, a common defense theory is that a

Answer 21

third party (all edged alternative perpetrator) actually committed the crime

Question 22

Evidence that the third party had either motive or opportunity alone is too _________.

Answer 22

Speculative

Question 23

Alibi means

Answer 23

Somewhere else

Question 24

__________ requirements are designed to eliminate the surprise from alibi testimony at trial because the State cannot investigate alibi evidence until they know where the defendant claims to have been at the time of the crime.

Answer 24

Notice

Question 25

The State knows it has to prove the defendant was present at the scene of the crime, so it should not be suprimes by evidence that the defendant was not at the scene. True or False

Answer 25

True