(Test 2) Criminal Law and Use of Force

Self-Defense Elements

Imminent unlawful threat, necessity, and reasonable belief/amount of force.

Duty to Retreat

None in North Carolina if you are in a place you have a lawful right to be.

Perfect vs. Imperfect Self-Defense

Perfect results in Not Guilty; excessive force (imperfect) leads to a lesser conviction.

Aggressor Rule

An aggressor cannot claim self-defense unless they withdraw, give notice, and attempt to leave.

Castle Doctrine

Right to use defensive or deadly force against unlawful entry into home, workplace, or vehicle.

Curtilage

The area immediately surrounding a home, considered part of the home under NC law.

Tennessee v. Garner (1985)

Supreme Court case that invalidated the common law fleeing felon rule.

Corporal Punishment in Schools

Legal in some states, but banned across all school districts in North Carolina as of 2023.

Nuremberg Defense

"Just following orders" is rejected as a war crimes defense except under extreme duress or lack of knowledge.

Corpus Delicti Rule

Requires independent evidence proving a crime occurred; a confession alone is insufficient.

Alibi Defense

Proof that the defendant was somewhere else and couldn't have committed the crime.

Transactional Immunity

Prosecutor agrees not to prosecute the defendant for a crime they testify about.

Use Immunity

Prohibits using a defendant's testimony against them in future prosecutions.

Mistake of Law

A defense when a person reasonably relies on official advice that conduct is lawful.

Mistake of Fact

Good faith belief in lawful action that negates the required mens rea.

Voluntary Intoxication

Not an excuse unless a crime specifically requires proof of specific intent.

Duress Defense

Forced to commit a crime due to reasonable fear of immediate death or serious injury.

Necessity Defense

The 'lesser of two evils' defense when facing an immediate, non-self-created emergency.

Entrapment

Crime induced by government harassment or trickery where defendant wasn't predisposed.

Double Jeopardy

Fifth Amendment clause preventing the government from trying an acquitted defendant twice for the same crime.

Statute of Limitations in NC

Two years for misdemeanors; no statute of limitations for felony crimes.

Speedy Trial Test

Four-part test evaluating length, reason, assertion of right, and prejudice from delay.

Goals of Punishment

Retribution, rehabilitation, deterrence, restitution, and incapacitation.

Furman v. Georgia (1972)

Invalidated unfettered jury discretion in imposing the death penalty under the Eighth Amendment.