CJL 1100 Ch5 and 6?

Defendant is required to prove this defense in court

Defense of “self defense”

Self defense

Is a form of justification defense

Force can be used in self protection when

The actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion

If there is an unlawful act against a person (assault, battery, false imprisonment, rape etc..) and a reasonable person would believe there is a necessity

To use force to defend one self or another from this unlawful act, it is ‘self defense’

Deadly force

Can be used in self defense situation if the force being applied is also the same magnitude

Some states require a duty to retreat

Which means that if one can retreat, then they should before using deadly force

Duty to retreat is not present in states that have adopted the

Stand your ground defense

The Stand your ground defense is where a person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if

He or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony

Since the state your ground defense was passed in Florida at least __ other states have passed similar laws and considered the law

29

Self defense is not available if

A person is engaged in an illegal activity they cannot use self defense theories

There is an exception to self defense in these two situations

1) Victim unlawfully uses deadly force

2) When the unlawful aggressor is withdrawing in good faith

Castle doctrine means there is no duty

To retreat if the victim in in their own home

Some states have adopted “make my day” rules

Which put no limits on the use of deadly force by the occupant of a dwelling, state laws vary when the wrongdoer is also a person living in the home

They may use deadly force if they have a

Reasonable fear of iminent bodying harms to themselves or others

Reasonable force to maintain order for children may be used by personnel on

Airplanes, ships, trains, or buses and by ushers for theaters, sporting events, and other public gatherings

Person in loco

In place of a parent

An affirmative defense is any

defense that assumes the complaint or charges to be correct but raises other facts that, if true, would establish a valid excuse or justification or a right to engage in the conduct in question

It is generally agreed that a state may place the burden of proof

For the establishment of an affirmative defense on the defendant

Standards for the use of deadly force established by the U.S. Supreme Court in

(1)Tennessee v. Garner

(2)Graham v. O’Connor

Diplomatic Immunity is based on an international agreement on the

Status of diplomats stationed in a foreign country this gives diplomats and
members of their family exemption from criminal prosecution

Diplomatic immunity is

Founded on the basis of “comity” or quid pro quo (what for what)

Legislative immunity is afforded to US Representatives, senators, and state legislators have a limited degree of temporary immunity while their legislative bodies are in session.

Thus, their actions while furthering a legislative action is immune from arrest in many circumstances, but not all.

A witness can be given immunity from prosecution, thereby protecting his Fifth Amendment right

While also compelling the witness to answer questions that might be incriminating

Use immunity prohibits prosecutorial authorities from using the compelled testimony in a criminal prosecution, but does not make the witness

Totally immune from prosecution based on evidence other than the witness’s testimony and not derived from that testimony

Transactional immunity is total or full immunity

for the criminal
offense to which compelled testimony relates

Today all states forbid the use of

Deadly force in the defense of property

The common law rules on use of deadly force for police officers changed significantly in 1985 when the U.S Supreme Court decided the case of _____

Tennessee v. Garner, that deadly force cannot be used unless of probably cause

Graham v. Connor

This case is where an excessive force by law enforcements during an arrest, stop? Or seizure is subject to the objective reasonableness under the Fourth amendment

Ignorance of the law

Criminals cannot use as a defense that they lacked knowledge that the act they committed was illegal. Everyone is expected to know the laws of the sovereign nation or state in which they travel within

When a state legislature or the Congress of the United States creates a strict liability crime, the defense of mistake of fact cannot be used, because

Criminal liability comes from simply doing the forbidden act without any requirement for the state or government to prove any mental fault

Valid criminal defenses such as defense excuses the defendants criminal actions

Duress (unlawful threat), coercion, or compulsion

Necessity is a defense that a criminal defendant uses to

Justify a “lesser evil” alternative

Entrapment is when the government encourages an individual to break the law to the degree that such encouragement overcomes

The free will of an individual and a reasonable person would not resist doing the act under the circumstances created by the government or police

Double jeopardy means that a person who has been acquitted by a judge or a
jury

May not be tried again, even if subsequent investigation reveals evidence
that proves conclusively that the defendant is guilty

Corpus delicti

The government must prove that the crime charges was committed and the defendant was a party to the crime

In determining the crime of child abuse, the following factors must be
considered:

1) the age, size, and health of the child, (2) The reason
for the discipline, because spanking a child for unintentional bed-
wetting or throwing up could lead to the conclusion that the parent
was out of control and not rational

In about ___ states the use of corporal punishment in public schools remains legal

17

Battered woman defense involves presenting evidence of past
abuse offered by

Women charged with violence against their abusers to show its psychological effects as part of their claim of self-defense

In 2021, _____ people were killed in alcohol-related traffic accidents

13,384

Criminal statues in all states make it a violation to refuse a breath or urine test is called

Refusal to consent

Where no criminal convictions are obtained, police officers can be

Sued in civil actions for an unreasonable seizure under 42 U.S.C. §1983

Under the common law, a person has a legal right to forcibly resist an

Unlawful arrest

Officers must sometimes use force on a motorist to compel the motorist to comply with the

Officer’s commands

When tasers are used in traffic stops, it raises the question of

Excessive force