DEFENSES OVERVIEW

Question 1

procedure

Answer 1

1. gov has burden of production- case in chief establishes all required elements
2. if affirmative defense is raised, D must establish element by some standard (most often preponderance of evidence)
3. if D puts forth sufficient evidence to satisfy defense, burden shifts back to gov to rebut
4. gov must prove beyond a reasonable doubt the lack of the defense

Question 2

concept of defenses

Answer 2

not saying event that caused harm didnt happen, but saying that there is a reason the person did what they did and there is not rational or reasonable jsutification for punishment

Question 3

affirmative defenses

Answer 3

justification and excuse

Question 4

failure of proof defenses

Answer 4

element of crime not proved by the government

Question 5

offense modifications

Answer 5

kinds of situations geared toward the argument that persons conduct is not the type of conduct the criminal statute as intended to cover

public policy
parent paying ransom etc

Question 6

non exculpatory public policy defenses

Answer 6

for reasons of public interest, should not be held responsible

statute of limitations, diplomatic immunities, executory immunity

Question 7

Justifications

Answer 7

no social harm; act was for the greater good

no reason to punish; did it for the greater good so nothing to deter nor rehabilitate, nothing to capacitate did not act with moral blameworthiness

focus on act- justifying conduct is negating social harm
did right thing

self defense + necessity

Question 8

Excuses

Answer 8

actor was committing a wrong, but because of circumstances actor was not, conduct should be excused

inquiry focus on circumstances actor faced when committed act
if they were able to act on own free will they wouldnt have done it

negate moral blameworthiness

duress and insanity