Defense Definitions
The defense where a defendant admits responsibility but claims the act was right.
What is a justification defense?
The requirement that the danger must be "right now!" for a self-defense claim.
What is the imminence requirement?
In Washington, children under this age are deemed legally incapable of committing a crime
What is eight years old?
The sport being played when Jason Shelley broke another player's jaw.
What is basketball?
The disorder Jeffrey Belew was diagnosed with following his service in Iraq.
What is PTSD?
The defense where a defendant admits the act was wrong but claims they aren't responsible.
What is an excuse defense?
The rule allowing you to use deadly force without retreating from any place you have a right to be.
What is the stand-your-ground rule?
The standard of proof required to remove the presumption that a child (8-12) is incapable of crime
What is clear and convincing evidence?
Consent is a defense to assault in sports if the conduct is this type of hazard of participation
What is a reasonably foreseeable hazard?
In State v. Belew, the dissenting justice argued that PTSD is not an excuse, but an ________.
What is an explanation?
This type of defense results in a total acquittal if the defendant is successful.
What is a perfect defense?
The area immediately surrounding the home that is protected by law.
What is the curtilage?
In State v. K.R.L., the child told the police officer he knew it was ________ to enter the home.
What is wrong?*
The court ruled that this specific act is never a foreseeable hazard of basketball.
What is intentionally punching another player?
In State v. Batie, the defendant claimed she was not the primary aggressor but was acting in this.
What is self-defense?
When a defendant is found guilty of a lesser offense because a full defense failed.
What is an imperfect defense?
An exception where cohabitants in a "retreat rule" state do not have to flee their home.
What is the cohabitant exception?
The court found that understanding the wrongfulness of one crime does not automatically establish this for another.
What is capacity?
The limit of consent in sports is determined by the rules, expectations, and the blow's magnitude and ________.
What is dangerousness?
A claim of self-defense requires the defendant to prove they were not at fault in ________ the situation.
What is creating?
Evidence that convinces a judge or jury that a defendant deserves a lower penalty.
What are mitigating circumstances?
Also called the general defense of necessity; committing a lesser crime to avoid a greater one.
What is the choice-of-evils defense?
The K.R.L. court noted the state failed to prove capacity because they didn't show the child used this during the entry.
What is stealth?
Shelley was convicted of this specific degree of assault.
What is second-degree assault?
The court in Batie found the officer's testimony on the "initial aggressor" was this type of error.
What is harmless error?