exam 3/ch. 5 - fundamentals of criminal law

justification defense 

defendants admit they were responsible for their acts but claim that, under the circumstances, what they did was right

excuse defenses 

Defendants admit what they did was wrong, but claim that, under the circumstances, they weren’t responsible for wha they did

imperfect defense

When a defendant fails in the full defense but is found guilty of a lesser defense

3 reqs of self defense 

• The necessity is great 

• it exists right now 

• its for prevention only

mitigating circumstances 

circumstances that convince fact finders that defendants don’t deserve the max penalty  for the crime they are convicted of

affirmative defenses

defendants have to start matters off by putting in some evidence in support of their justification or excuse defenses

perfect defenses

defenses in which defendants are acquitted if they’re successful 

initial aggressor 

someone who provokes an attack can’t then use force to defend herself against the attack she provoked

necessity

a defense that argues an imminent danger of attack was prevented

imminence requirement 

an element of self defense requiring the danger to be right now

stand your ground rule

if you did not start a fight you can stand your ground and kill to defend yourself without retreating from any place you have a right t be

retreat rule

you have to retreat from an attack if you reasonibly agree that (1) you are in danger or serious bodily harm (2) backing off won’t unreasonable put you in danger of death or serious bodily harm

castle exception 

when you’re attacked in your home, you can stand your ground and use deadly force to fend off an unprovoked attack, but only if you reasonably believe the attack threatens death or serious bodily injury

cohabitant exception

in the jurisdictions that follow the retreat rule, people who live in the same home don’t have to retreat

battered woman’s syndrome

mental disorder that develops in victims of domestic violence as a result of serious long term abuse

defense of others 

limits the use of force or violence in protection of others to situations where the person attacked would have been justified in using such force or violence to protect himself

defense of home and property

the right to defend your house and property if someone enters it

curtilage

the area immediately surrounding the home

choice of evils defense 

justifies the choice to commit a lesser crime to avoid the harm of a greater crime 

consent

the justification that competent adults voluntarily consented to crimes against themselves and knew what they were consenting to

authorized consent

the person consenting has the authority to give consent for someone else