Presumption of Innocence: Fundamental principle where the accused is considered innocent until proven guilty.
Case-in-chief: The main case presented by the prosecutor, outlining the evidence and arguments.
Rebuttal: The defense's opportunity to respond to the prosecution's case.
Alibi: A defense claim that the defendant was elsewhere when the crime was committed.
Affirmative Defenses
Burden of Production: The obligation of the defendant to provide evidence in support of their affirmative defense.
Burden of Persuasion: The requirement for the defense to convince the jury of their claims.
Types of Affirmative Defenses:
Justifications: Defenses claiming that the act was permissible under the circumstances.
Excuses: Defenses that acknowledge the act was wrong but argue the defendant should not be held accountable due to certain circumstances.
Common Law Principles
Justifications: Historically led to acquittals.
Excuses: Allowed for requests for exemptions from severe penalties like the death penalty.
Components of Justifications
Moral Interest: Acting for a greater good.
Superior Interest: Protecting a more significant interest over the immediate action.
Public Benefit: Actions taken in the interest of society as a whole.
Moral Forfeiture: When an individual, through their actions, loses the right to claim self-defense or justification.
Types of Defense
Perfect Defense: When the defense is legitimate enough to completely absolve the defendant from liability.
Imperfect Defense: When the defense reduces liability but does not fully exonerate the defendant.
Mitigating Circumstances
Good Motive Defense: Aims to show the moral reasoning behind the defendant's actions as less blameworthy.
Jury Nullification: A jury's ability to acquit a defendant, even if the law suggests otherwise, based on perceived justice.
Self-Defense
Definition: Self-defense refers to the act of defending oneself against imminent harm. It is recognized as a justification across all states.
Central Components of Self-Defense
Reasonable Belief: The person acting in self-defense must reasonably believe that they are in immediate danger.
Necessity: The action taken must be necessary to prevent harm.
Proportionality: The force used must be proportional to the threat faced.
Retreat Requirement: In some jurisdictions, one must retreat if it is safe to do so before using deadly force.
Aggressor: If the person claiming self-defense was the initial aggressor, they may lose this defense.
Mistake in Self-Defense: If a person mistakenly believes they are under threat but are not, this can complicate the defense.
The Law of Self-Defense: Reasonable Person Standard
Reasonableness Test: Evaluates whether the defendant's beliefs and actions were reasonable under the circumstances. This includes subjective and objective criteria varying by jurisdiction.
Justifiable Force in Self-Defense
Imminent Harm: The defendant must perceive a threat of immediate harm.
Resolution of Disputes: Self-defense cannot be preemptive; it must respond to an active threat.
Last Resort: The defendant must act without alternative options available.
Excessive Force
The use of overly aggressive tactics or force during a self-defense situation can negate the justification argument.
Retreat Principles
Various laws deal with the requirement or right to retreat from confrontations before using force.
Castle Doctrine: Indicates that individuals do not have to retreat from their homes before using deadly force against intruders.
Defense of Others
Intervention Justification: Legal allowance for a person to intervene and use force to protect another in immediate danger.
Common Law Limitations: Historically limited to the idea of “alter ego” — that one could only act in defense of another as if they were that individual.
Defense of the Home
Deadly Force Parameters: Can be used in defense against intruders if they intend to commit a felony.
Model Penal Code Inclusion: Lists specific felonies justifying deadly force (e.g., burglary, robbery).
Execution of Public Duties
Law enforcement may justifiably intrude on individual liberty under certain public interest arguments, particularly related to apprehending suspects.
Tennessee v. Garner: Key case establishing limits on law enforcement's use of deadly force.
Resisting Unlawful Arrests
Differences in legal approaches and standards for resisting an unlawful arrest.
Necessity Defense
Definition: Based on the reasoning of ‘choice of evils’, acknowledging that criminal acts may be permissible under dire circumstances.
Central Elements:
Urgency of harm.
Lack of fault from the defendant for creating the emergency.
Less harm through the illegal act than the harm avoided.
Reasonable connection between actions taken and harm averted.
No viable legal alternatives to acting against the law.
Consent in Criminal Law
Consent does not act as a blanket defense against criminal acts.
Limitations on Consent: Legal capacity, free will, and absence of fraud or deception required for valid consent.
Exceptions include incidental contact and activities within sporting events.