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35 Cards in this Set
- Front
- Back
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What does a case of of Affirmative defenses require?
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Burden of Production and Burden of Persuasion
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Justification
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criminal act society approves under circumsntaces
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Excuses
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Are a mitigating circumstance
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Moral Interest
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act based on a moral interest-----right to life--self defense
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Superior INterest
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interest preserved outweigh th einterests the person who is harmed----throwing shit out the boat to stay afloat
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Public benefit
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Police force---grounds of public good
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Moral Foreiture
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individual perpetrating a rime has lost he right to claim legal protection
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Good Motive Defense
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opposition to hwat he viewed as a mraolly reprhencible war could justify his destruciton of draft records.
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Jury Nullficiation
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----disregard the law to acquit the defendants
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SELF DEFENSE
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yeah
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What are the central components of self defense
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Reasonable Belief, Necessity, Proportionality, retreat, agressor, Mistake, imperfect sef defensece, Imperfect self defense
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imperfect self deefense
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dependant on many they didn't know
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IMMIENCE
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threateed by harm of is about to happen
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Resolution of disputes
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law encourages peaceful resolution whne possiblew
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Last resort
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only when strictly required
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Reasonable belief--subjective
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defendant must demonstrate an honest belief that he or she cdonfronted an imminent
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Objective reasonable
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must demonstrate a reasonable person under the same circumstances.
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True Man
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confronted with nondeadly force to an individual who is without fault
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Tactical retreat
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individual retreats with intent of continuing the hositlities
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Withdraw in good faith
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in order to regain the right of regain the right of self defense
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Tactical Retreat
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with drawl in good faith must be distingusihed from a
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Intervention in defense of others
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protection of spouces family employees and employers
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alter ego rule
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was approach in the united states
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objective test for intervention in defense of others
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1 immediate danger 2)entitled under the model penal cord to us eprotective force .
3. such force is neeessary for the protection of the other person |
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Freeing Felon
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were relcutantly emraced by the american public---------kill within discretion
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Misdemeanant
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only reasonable force
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Rule for resistnace to an unlwafularrest
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resist arrest----continue
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English rule of resistance to an unlwful arrest
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provides tha tindivudal may reisst an illegal arrest----still okay in some cases.
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Necessity defense
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recognizes conduct tthat would otherwise be criminal is justifedundertaken to prevent a certain case.
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defense of necesity
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respect--under circumstances would to disrespect for legal system
EQUITY:flexibility and fairness into the legal system |
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nevertheless---controvercial
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Self help, mistakes, politicalizaiton of the law, irrelevancy
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CENGRAL ELEMENTS of the defense
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1. immediate and imminetn harm
2. defendant must not have been substatially at fault in creating the emergencey 3. Harm created b y the criminal act is les than that caused by harm confrontine the individuals 6 indcidual reasonably expected a direct causal relationship between his acts and the harm to be averted 6.No legal altneratives 7. criminal statute that was violated does not preclude the necessity defense. |
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CONSENT----c
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Constitues a dfense
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3 exceptions
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Incidental contact, sporting events, socially beneficial activity
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Consent must be free and voluntary----
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legal cpacity, fraud, forgiveness
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