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13 Cards in this Set
- Front
- Back
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affirmative defense
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defense to a criminal charge in which defendant admits doing the criminal act, but claims an affirmative defense such as duress or entrapment
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Two things needed to prove guilt of a person charged
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1. corpus delicti - a crime was committed
2. committed/was party to crime |
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Immunity
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Exemption from criminal prosecution based on U.S Constitution, statues, or international agreements
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transactional immunity
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total/fully immunity for the criminal offense to which compelled testimony relates
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use immunity
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prohibits prosecution based off testimony, but does not make witness totally immune from prosecution based on evidence other than the witness’s testimony
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When can defense of mistake NOT be used?
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In regards to strict liability crimes
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What is diplomatic immunity limited to?
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Recognized diplomats & certain members of family
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Who does legislative immunity apply to?
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Active legislators, & only during the time the legislature is in session
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Why give someone witness immunity?
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To overcome the 5th Amendment privilege a witness has
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Mistake of fact
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provides defense when the mistake is honest & reasonable & nullifies specific intent needed for conviction of crime charged
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2 purposes of double jeopardy
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to limit the government’s power to use its resources to subject a citizen to repeated exposure to criminal laws, & guards against conviction of innocent
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Res judicata
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doctrine stating once an issue has been determined between two parties, it cannot be re litigated by those parties
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Collateral estoppel
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doctrine stating a fact necessarily found in one trial of a defendant bars proof of the same fact in the second trial
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