CJ Chapter 11

What are the four main groups of defenses in legal terms?

Alibi, Justification, Excuses, and Procedural Defense.

What does an alibi indicate in a legal defense?

Participation in the act is not possible.

In what situation does justification apply?

A person admits to the act but claims it was necessary for the greater good.

What are some examples of justifications in legal defenses?

Self Defense, Defense of Others, Defense of Home/Property, Consent, Resisting Unlawful Arrest, Necessity.

What do excuses in legal terms refer to?

Not being accountable under law due to personal conditions.

What are some examples of excuses in legal defenses?

Duress, Infancy, Mistake, Involuntary Intoxication, Unconsciousness, Provocation, Insanity.

What is a procedural defense?

Claiming that official procedures were not followed in a legal process.

Give examples of procedural defenses.

Entrapment, Double Jeopardy, Selective Prosecution, Police Fraud, Collateral Estoppel.

What does Double Jeopardy mean?

A person cannot be tried for the same crime twice.

What are the conditions for self-defense or defense of a third party?

There must be a threat of bodily harm and only reasonable force should be used.

Can deadly force be used in defense of property?

No, deadly force cannot be used in situations of defense of property.

What does it mean when someone is found not guilty by reason of insanity?

They didn't know what they were doing or didn’t understand that the act was wrong.

What is diminished capacity in legal terms?

A condition where a person is no longer capable of making decisions and is deemed Not Guilty.

What is voluntary intoxication?

Being willingly intoxicated.

What is involuntary intoxication?

Being forced into intoxication or unaware of being intoxicated.

What is entrapment?

When a person is induced by law enforcement to commit a crime they otherwise would not.

What does selective prosecution imply?

It means that one person is prosecuted while another, who was also arrested, is not.

What constitutes prosecutorial misconduct?

Ethical or legal violations by prosecutors during legal proceedings.

What age is considered in the infancy defense?

Generally involves minors, particularly those under age 18, specifically considering juveniles over 1 year old.