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affirmative defenses
the burden of production and the burden of persuasion is on the defendant
agressor
an individual initiating physical confrontation is not entitled to self-defense unless they retreat
alibi
defendant presents evidence at trial that they did not commit the crime because they were not at the crime scene
alter ego rule
an individual intervening in defense of others posses the rights of the person they are assisting
american rule for resistance to an unlawful arrest
an individual may resort to reasonable force to resist an unlawful arrest
followed in 12 US states
burden of persuasion
responsibility to convince the fact finder, usually beyond a reasonable doubt
burden of production
responsibility to produce sufficient evidence for the fact finder to consider the merits of a claim
case-in-chief
the prosecution’s phase of the trial
castle doctrine
individuals do not have to retreat from their home
choice of evils
the defense of necessity in which an individual commits a crime to avoid an imminent and greater social harm or evil
deadly force
use of physical force or a weapon likely to cause death or serious bodily harm
english rule for resistance to an unlawful arrest
an individual may use reasonable force to resist an illegal arrest
fleeing felon rule
the common law rule permitting deadly force against a felon fleeing from the police
good motive defense
the fact that a defendant committed a crime for what they view as a good reason is NOT recognized as a defense
imperfect self-defense
an honest, but unreasonable belief in the justifiability of self-defense that results in a conviction for manslaughter rather than murder
intervention in defense of others
the privilege to exercise self-defense on behalf of an individual in peril
jury nullification
right of a jury to disregard the law and to acquit a defendant
justifications
defenses based on the circumstances of a criminal act
make my day laws
statutes that authorize any degree of force against a trespasser who uses or threatens to use even slight force against the occupants of a home
misdemanant
individual charged with a misdemeanor
necessity defense
a criminal act is justified when undertaken to prevent an imminent, immediate, and greater harm
non-deadly force
use of physical force or weapon that is not likely to cause death or serious injury
objective test for intervention in defense of others
a person intervening in defense of others may intervene where a reasonable person would believe a person is in need of assistance
perfect self-defense
an honest and reasonable belief that constitutes a complete defense to a criminal defense to a criminal charge
presumption of innocence
an individual is presumed to be not guilty and the burden is on the government to establish guilt
rebuttal
the defense’s case at trial
happens after the prosecution’s case-in-chief
retreat
withdrawal from a conflict while indicating a desire to avoid confrontation
retreat to the wall
obligation to withdraw as fully as possible before resorting to self-defense
self-defense
a justification defense that recognizes the right of an individual to defend themself against an armed attack
stand your ground
no requirement to retreat
tactical retreat
an individual withdraws from a conflict while intending to continue the physical conflict
true man
an individual without fault who is able to rely on self-defense
withdrawal in good faith
individuals involved in a fight may gain the right of self-defense by clearly communicating that they are retreating from the struggle
