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26 Cards in this Set
- Front
- Back
affirmative defenses
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defenses in which the defendant bears the burden of production.
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burden of persuasion
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the responsibility to convince the fact finder of the truth of the defense.
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burden of production
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the responsibility to introduce initial evidence to support a defense.
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castle exception
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the principle stating that defenders have no need to retreat when attacked in their homes.
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choice-of-evils defense
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defense of making the right choice—namely, choosing the lesser of two evils.
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choice-of-evils defense (general principle of necessity)
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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.
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cohabitants
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two people who share a residence.
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criminal conduct
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acts triggered by criminal intent.
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curtilage
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the area immediately surrounding a dwelling.
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defense of consent
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a justification defense that says if mentally competent adults want to be crime victims, no paternalistic government should get in their way.
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excuse defenses
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defendants admit what they did was wrong but claim that under the circumstances they weren’t responsible for what they did.
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Florida Personal Protection Law
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Florida’s version of the enactment of the “new castle doctrine.”
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imminent danger
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element in self-defense that injury or death is going to happen right now.
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imminent danger of attack
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element in self-defense that injury or death is going to happen right now.
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imperfect defense
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defense reducing, but not eliminating, criminal liability.
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initial aggressor
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a person who begins a fight can’t claim the right to self-defense.
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justification defenses
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defendants admit they were responsible for their acts but claim what they did was right (justified) under the circumstances.
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knowing consent
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you know you’re committing an act or causing a harm but you’re not acting for that purpose.
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knowing consent (in defense of consent)
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the person consenting knows what she’s consenting to.
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necessity (choice-of-evils defense)
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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).
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perfect defense
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defense that leads to outright acquittal.
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preponderance of the evidence
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more than 50 percent of the evidence proves justification or excuse.
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retreat rule
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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.
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stand-your-ground rule
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rule that states that if you didn’t start the fight, you have the right to stand your ground and kill.
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voluntary consent
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consent that is the product of free will, not of force, threat of force, promise, or trickery.
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withdrawal exception
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if initial aggressors completely withdraw from fights they provoke, they can claim the defense of self-defense.
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