elements of criminal offenses

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Author:
catahue2
ID:
83271
Filename:
elements of criminal offenses
Updated:
2011-05-02 16:11:40
Tags:
defenses
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Description:
elements defenses
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  1. What is "defense of another" defined?
    • A person is justified in using deadly force ind efense of his/her spouse/child/parent/servent/etc... if tha tperson reasonably believed that use of deadly force was necessary to protect his/her spouse/child/.... from imminent danger of death or great bodily harm.
    • *3rd party intervenes*
  2. What is "defense of person- justifiable use of force to prevent offense" defined?
    A person is justified in using resonable force in aid or defense of another person who is about to be inured during the commission of a crime.
  3. What is "defense of another-justifiable use of nondeadly force?"
    A person is justified in using force in defense of another if that person resonably believed that use of force was necessary to protect anotehr from imminent danger of bodily harm
  4. What is "defense of another - Burden of proof?"
    It is the burden of the State to prove beyond a reasonable doubt that the defendant was not acting in defense of another. If the state faills to susutain that burden, then the defendant must be found 'not guilty'
  5. What is "defense of another - when defense not available?"
    • Defense of another is permitted as a defense solely because of necessity. Defense of another isnot available to the defendant when the person on whose behalf the defendant intervened
    • a. was the agressor
    • b. provoked another with the intent to cause the altercation
    • c. voluntarily entered into mutual combat
    • no matter how great the danger to personal security became during the altercation unless the right of defense of another is reestablished
  6. What is "defense of another"
    - aggressor defined
    • A person is an agressor when that person by his/her wrongful conduct provokes, brings about, or continues an altercation.
    • The use of words alone cannot make a person an agressor
  7. What is defense of another - when person aided is a trespassor?
    • Defense of another is available to a defendant when the person on whose behalf the defendant intervened was a trespasser only is the trespasser availed or attempted to avail himself/herself of any resonably safe means of retreat from the imminent danger of :
    • a. death
    • b. great bodily harm
    • c. bodily harm
    • before repelling or attempting to repel an unlawful attack.
  8. Terms for defense of another:

    Master:
    male employer
  9. Terms for defense of another:

    Mistress:
    Female employer
  10. Terms of defense of another

    Servant
    Employee
  11. What is defense of another - Justifiable use of deadly force in defense of habitation
    A person is justified in using deadly force when resisting any attempt by another to commit a felony upon or in any dwelling house in which that person is lawfully present
  12. What is defense of person - justifiable use of deadly force against intruder?
    A/an resident/tenant/occupant of a house/dwelling/... is justified in using physical force, i8ncluding deadly force, against another person who has unlawfully entered the house/apartment/dwelling if the resident/tenant/occupant reasonably believes that the other person might use any physical force, no matter how slight
  13. What is defense of property - justifiable use of nondeadly force?
    A person is justified in using force in preventing or attempting to prevent a trespass or other unlawful interference with real or personal property in his/her lawful possession
  14. What is the burden of proof for defense of property?
    It is the burden of the state to prove beyond a reasonable doubt that the defendant was not acting in defense of property
  15. What is defense of duress?

    defined (patty hearst defense)
    A person is entitled to the defense of duress if that person committed the act/omission which consitutue the crime becasuse of a reasonable belief that he/she/spouse/child was in immenent danger of death or great bodily harm from another
  16. What is the limitation of defense of duress?
    A person is not entitiled to the the defense if he/she fails to use a reasonably safe opportunity to escape from the immenent danger of death or great bodily harm
  17. What is defense of entrapment?
    When a person has no previous intent or purpose to vi9olate the law, but is induced or persuaded by law enforcement officers to commit a crime, he/she is entitiled to the entrapment defense
  18. What is the burden of proof for entrapment defense?
    The state has to prove beyond reasonable doubt that no entrapment occurred.
  19. What are the defense of insanity requirements?
    • 1. person is insane when that person is suffering from such a disability of reason or disease of the mind that he/she does not know that his/her acts or omissions are:
    • a. wrong
    • b. is unable to distinguish right from wrong with resepct to his/her acts or omissions
    • 2. A person is also insane when that person is suffering from such a disability of reson or disease of the mind that he/she does not understand the nature/consequences of his/her acts or omissions.
  20. What is defense of voluntary intoxication?
    A person is entitled to the defense if the person was incable of forming the (mental elements of/crime/ because of his/her intoxication
  21. Justifiable self-defense
    A person is justified in using deadly force in self-defense if that person reasonably believed that use of deadly force was necessary to protect himself/herself from imminent danger of death or great bodily harm.
  22. What is defense of self-defense - battered women cases

    bechtel v. state
    A person is justified in using deadly force in self-defense if that person believed that use of deadly force was necessary to protect herself from imminent danger of death or great bodily harm.

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