Exam 4: Justification Defenses

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Self-defense is an example of what type of defense?

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There are four general requirements for a successful modern-day claim of self-defense: an unprovoked attack, imminent danger, absence of alternatives, and ________________.

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The Model Penal Code recognizes a "choice of evils" defense, which says that criminal conduct will be justified base on which of the following actions?

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Deadly force may be used in defense-of-property if the situation involved in defense-of-property evolves into a self-defense or defense of others that justifies the use of deadly force.

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A theory that underlying justification defenses are based on the idea that the allegedly criminal action benefits society is known as what type of theory?

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When law enforcement considers the use of deadly force against a suspect, one must consider which of the following?

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The concept that a person is not required to retreat if that person is the victim of an unprovoked attack is known as what legal principle?

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___________________ is a state law that provides homeowners with considerable latitude to use force to defend their dwelling from unauthorized intruders.

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Match each word with the appropriate definition or description.
Justification defense
Defenses that result in the defendant being convicted of a lesser crime, but do not result in an acquittal.
De minimus infraction defense
A defense that prevents conviction if the defendant's actions were so trivial or minor in relation to the intent of the criminal law.
Offense modifications
Defenses that result in the defendant being acquitted of the crime.
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Justification defense
Defenses that result in the defendant being convicted of a lesser crime, but do not result in an acquittal.
De minimus infraction defense
A defense that prevents conviction if the defendant's actions were so trivial or minor in relation to the intent of the criminal law.
Offense modifications
Defenses that result in the defendant being acquitted of the crime.
Perfect defenses
A change of a criminal offense that shields the defendant from criminal liability.
Failure of proof defense
A group of defenses in which the defendant claims that his actions were right or justified based on the circumstances.
Excuse defense
Defenses unrelated to the elements of the crime or the defendant's alleged fault or guilt.
Non-exculpatory defense
A defendant's acquittal is the result of the prosecution failing to prove one or more of the elements of the crime or leaving reasonable doubt in the mind of the jury.
Affirmative defense
A group of defenses in which the defendant admits what he did was wrong, but claims he should be excused from criminal liability based on the circumstances.
Statute of limitations
The maximum amount of time allowed by law to seek prosecution for certain crimes or offenses.
Imperfect defenses
A defense formally raised by the defendant that requires the production of evidence
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A woman who suffers repeatedly from unprovoked beatings from her intoxicated husband and assaults the husband by hitting him with a frying pan as soon as he enters the home may seek defense from prosecution under the _________________.

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What positions do courts take when it comes to the use of deadly force concerning defense of habitation?

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Prosecution in a murder case has failed to prove that the suspect intentionally assaulted the victim with the intent to kill the victim. Explain what options for the prosecution may be available if this situation occurs. What could the defendant expect to gain from the lack of proof? If any other charges can be introduced, what charges might be pursued? Would the degree of proof be the same as that required proving intent?

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Two teenagers consenting to shooting BB rifles at each other, resulting in the loss of the sight in one eye due to injury from one of the BBs, is considered an accident by the courts because of the element of consent.

(True/False)
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Cf self-defense is that self-defense requires what?

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What is a defendant's acquittal as the result of the prosecution failing to prove one or more of the elements of the crime or leaving reasonable doubt in the mind of the jury?

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Deadly force is authorized against an intruder if the actor believes the intruder is seeking to dispossess him of his dwelling, the intruder has no claim of access to the property, and the force is immediately necessary.

(True/False)
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The Model Penal Code allows an ordinary citizen to use force to prevent a person from committing suicide.

(True/False)
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A person who has a suspended driver's license, but drives a seriously ill family member to the emergency room of the local hospital, is an example of what?

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What defense available to female victims of domestic violence who kill their partners is often raised as a declaration of self-defense?

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John happens on a person in a shallow cove with his foot hopelessly wedged between two pieces of coral. John observes that the tide is already rising and the person is fighting to keep his head above the rising waters. Knowing that the person will drown before Life Care can arrive, John decides to cut the person's foot off to keep the person from drowning. This is an example of what type of defense?

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