Shared Flashcard Set

Details

Chapter 5 Vocab
Based on Criminal Law by Joel Samaha
21
Criminal Justice
Undergraduate 1
04/27/2013

Additional Criminal Justice Flashcards

 


 

Cards

Term
Justification defenses
Definition
Defendants admit responsibility for actions but claim what they did was right (justified) under the circumstances
Term
Excuse defenses
Definition
Defendants admit what they did was wrong but claim that under the circumstances they weren't responsible for what they did
Term
Affirmative defenses
Definition
Defense in which the defendant bears the burden of production
Term
Burden of production
Definition
Responsibility to introduce initial evidence to support a defense
Term
Burden of persuasion
Definition
The responsibility to convince the fact finder of the truth of the defense
Term
Preponderance of the evidence
Definition
More than fifty percent of the evidence proves justification or excuse
Term
Perfect defenses
Definition
Defense that leads to outright acquittal
Term
Imperfect defense
Definition
Defense reducing, but not eliminating, criminal liability
Term
Initial aggressor
Definition
A person who begins a fight can't claim the right to self-defense
Term
Withdrawal exception
Definition
If initial aggressors completely withdraw from the fights they provoke, they can claim the defense of self-defense
Term
Necessity
Definition
general principle of an honest and reasonable belief that it's necessary to commit a lesser crime to prevent the imminent danger of a greater crime
Term
Imminent danger of attack
Definition
Element in self-defense that injury or death is going to happen right now
Term
Stand-your-ground rule
Definition
States that if you didn't start the fight, you have the right to stand your ground and kill
Term
Retreat rule
Definition
You have to retreat but only if you reasonably believe that backing off won't unreasonably put you in danger of death or serious bodily harm
Term
Castle exception
Definition
Principle stating that defenders have no need to retreat when attacked in their homes
Term
Cohabitants
Definition
Two people who share a residence
Term
Curtilage
Definition
Area immediately surrounding a dwelling
Term
Choice-of-evils defense
Definition
Defense of making the right choice--choosing the lesser of two evils
Term
Defense of consent
Definition
a justification defense that says if mentally competent adults want to be crime victims, no paternalistic government should get in their way
Term
Voluntary consent
Definition
Consent that is the product of free will, not of force, threat of force, promise, or trickery
Term
Knowing consent
Definition
You know you're committing an act or causing harm but you're not acting for that purpose
Supporting users have an ad free experience!