Chapter 5

Front 1

affirmative defenses

Back 1

defenses in which the defendant bears the burden of production.

Front 2

burden of persuasion

Back 2

the responsibility to convince the fact finder of the truth of the defense.

Front 3

burden of production

Back 3

the responsibility to introduce initial evidence to support a defense.

Front 4

castle exception

Back 4

the principle stating that defenders have no need to retreat when attacked in their homes.

Front 5

choice-of-evils defense

Back 5

defense of making the right choice—namely, choosing the lesser of two evils.

Front 6

choice-of-evils defense (general principle of necessity)

Back 6

defense that although the defendant may have caused the harm or evil that ordinarily would constitute a crime, in the present case the defendant has not caused a net harm or evil because of justifying circumstances and should be exonerated.

Front 7

cohabitants

Back 7

two people who share a residence.

Front 8

criminal conduct

Back 8

acts triggered by criminal intent.

Front 9

curtilage

Back 9

the area immediately surrounding a dwelling.

Front 10

defense of consent

Back 10

a justification defense that says if mentally competent adults want to be crime victims, no paternalistic government should get in their way.

Front 11

excuse defenses

Back 11

defendants admit what they did was wrong but claim that under the circumstances they weren’t responsible for what they did.

Front 12

Florida Personal Protection Law

Back 12

Florida’s version of the enactment of the “new castle doctrine.”

Front 13

imminent danger

Back 13

element in self-defense that injury or death is going to happen right now.

Front 14

imminent danger of attack

Back 14

element in self-defense that injury or death is going to happen right now.

Front 15

imperfect defense

Back 15

defense reducing, but not eliminating, criminal liability.

Front 16

initial aggressor

Back 16

a person who begins a fight can’t claim the right to self-defense.

Front 17

justification defenses

Back 17

defendants admit they were responsible for their acts but claim what they did was right (justified) under the circumstances.

Front 18

knowing consent

Back 18

you know you’re committing an act or causing a harm but you’re not acting for that purpose.

Front 19

knowing consent (in defense of consent)

Back 19

the person consenting knows what she’s consenting to.

Front 20

necessity (choice-of-evils defense)

Back 20

general principle of an honest and reasonable belief that it’s necessary to commit a lesser crime (evil) to prevent the imminent danger of a greater crime (evil).

Front 21

perfect defense

Back 21

defense that leads to outright acquittal.

Front 22

preponderance of the evidence

Back 22

more than 50 percent of the evidence proves justification or excuse.

Front 23

retreat rule

Back 23

you have to retreat but only if you reasonably believe that backing off won’t unreasonably put you in danger of death or serious bodily harm.

Front 24

stand-your-ground rule

Back 24

rule that states that if you didn’t start the fight, you have the right to stand your ground and kill.

Front 25

voluntary consent

Back 25

consent that is the product of free will, not of force, threat of force, promise, or trickery.

Front 26

withdrawal exception

Back 26

if initial aggressors completely withdraw from fights they provoke, they can claim the defense of self-defense.