Test 2 Study Guide

Test 2 Study Guide - Test 2 Study Guide Chapter 5:...

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Test 2 Study Guide Chapter 5: Justifications as Defenses Key Concepts Words Definitions Affirmative Defense Justifications and excuses defenses Alter Ego Rule A rule of law that states that a person can only defend a third party under certain circumstances and only to the degree that the third party could act on his or her own behalf. Apparent Danger That form of imminent danger that is said to exists when the conduct or activity of an attacker makes a threat of danger obvious. Castel Exception In notes Consent A justification offered as a defense to a criminal charge that claims that the person suffering an injury either agreed to sustain the injury or that the possibility of injury in some activity was agreed to before that activity was undertaken. Deadly force defense Force likely to cause death or great bodily harm Excuses A category of legal defenses in which a defendant claims that some personal condition or circumstance at the time of the act was such that he or she should not be held accountable und criminal law Execution of public duty defense A defense to a criminal charge which is often codified and which precludes the possibility of police officers and other public employees from being prosecuted when lawfully exercising their authority. Express Consent Verbally expressed willingness to engage in a specific activity Fleeing felon rule In notes Justifications A category of legal defenses in which the defendant admits committing the act in question but claims it was necessary in order to
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avoid some greater evil. Necessity A Defense to a criminal charge that claims that it was necessary to commit some unlawful act in order to prevent or avoid a greater harm. Perfect self defense In notes Reasonable force In notes Reasonable person In notes Retreat rule In notes Self Defense In notes After Reading this chapter you should be able to: Explain the purpose of a defense to a criminal charge and the nature of a affirmative defenses. Describe the difference between justifications and excuses and give examples if each. Summarize the fundamentals claim raised by the defense of necessity. Illustrate when force and deadly force may be used in self defense Explain the execution of public duty defense and describe when it might be used and by whom.
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Affirmative Defenses Affirmative defenses do not negate any element of the crime charged, but build on new matters that would excuse or justify the defendant’s behavior. o Further proof of the claim is made by preponderance of evidence. If s guilty verdict is made then the resulting sentence may well be reduced just because of the fact that a excuse was made for the defendants actions. Necessity
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Test 2 Study Guide - Test 2 Study Guide Chapter 5:...

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